Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
Santosh Yadav was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 for the alleged recovery of 210 litres of country‑made liquor. He had been in custody since 28‑12‑2025 and pleaded innocence, claiming no prior criminal record and offering to donate Rs.25,000 to a charitable institution. The State opposed his regular bail application. The High Court, after considering the facts and the petitioner's submissions, granted bail on the condition of a Rs.10,000 bond with two sureties, verification of his clean antecedent, a Rs.25,000 donation to Ramakrishna Mission Ashrama with receipt, and mandatory weekly attendance at the police station. The bail bonds are to be accepted only after confirming the antecedent and the authenticity of the donation receipt. Any default in attendance will lead to cancellation of bail.
Issues considered
- What is the appropriateness of granting regular bail to an accused under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 given the circumstances of custody and alleged offence?
Subjects
- bail
- regular bail
- prohibition law
- excise law
- liquor seizure
- criminal procedure
- clean antecedent
- charitable donation condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17466 of 2026
Arising Out of PS. Case No.-458 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
Santosh Yadav Son of Late Mithu Yadav Resident of Village - Sakin - Koine,
P.S. - Manjhagarh, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Manjharh P.S. Case No. 458 of 2025 registered for the offence
under section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2022.
3. The recovery is of 210 litres 42 ml country made
liquor from the petitioner and others.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 28.12.2025
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.17466 of 2026(2) dt.16-03-2026
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organization without accepting his guilt
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Addl. District and Sessions Judge Xii-
cum- Special Judge, Excise-I, Gopalganj/ concerned Court
below, in connection with Manjhagarh P.S. Case No. 458 of
2025.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.
Circuit House, Chapra and produce the receipt of the same
Patna High Court CR. MISC. No.17466 of 2026(2) dt.16-03-2026
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before the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Manjhagarh Police Station, District- Gopalganj on every Sunday
of the month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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