Patna High Court
Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner.
Summary
Santosh Kumar Yadav was arrested in connection with the alleged recovery of 36 litres of liquor from a sack behind his house, charged under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. The petitioner argued that the liquor was not found in his conscious possession, that he was not arrested at the spot, and that the location did not belong to him, contending that the accusation stemmed from a personal dispute with a watchman. He also highlighted that he has three prior cases under the Excise Act but has been in custody since 2 January 2026 and assured the court of his cooperation and that he would not abscond. The State opposed the bail. The High Court, after considering the submissions, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court’s conditions. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged possession of illicit liquor under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, considering the facts of non‑possession, prior cases, and the risk of absconding.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- criminal procedure
- Section 274
- Section 275
- Section 30(a)
- prior cases
- non‑possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16418 of 2026
Arising Out of PS. Case No.-144 Year-2025 Thana- GHOGHARDIHA District- Madhubani
======================================================
Santosh Kumar Yadav, S/o Uttam Lal Yadav R/o Village - Baswari, P.S -
Ghoghardiha, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jaishankar Kumar Yadav
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 274 and 275 of the B.N.S.
and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 36 litres of liquor from a sack
behind the house of the petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to his house, hence, he came to
Patna High Court CR. MISC. No.16418 of 2026(2) dt.17-04-2026
2/2
be implicated at the instance of Chaukidar with whom he is on
an inimical term. It is also submitted that petitioner is in custody
since 02.01.2026. It is also submitted that petitioner will not
abscond rather will cooperate in the trial to prove his
innocence..
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Ghoghadiha P. S. Case No.144 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…