Patna High Court
Santosh Yadav @ Santosh Kumar Yadav @ NepaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Santosh Yadav, applied for anticipatory bail under Section 438 of the CrPC in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, where police recovered 138.66 litres of foreign liquor from an open riverbank area. The police alleged that the petitioner was identified by a chowkidar during a raid, but the liquor was not found in his possession or on his premises. The petitioner argued that he has a clean criminal record and that the seized liquor was located in a public space accessible to all. The court considered the lack of direct possession, the petitioner’s clean antecedent, and the nature of the location of the seizure. Finding no material suggesting the petitioner would abscond or tamper with evidence, the court granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to Section 438(2) conditions. The order directs that the bail be effected by the Exclusive Special Excise Judge‑2, Saran, if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case of alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioner’s alleged involvement, based solely on identification by a chowkidar, justifies denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- liquor seizure
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18560 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- MANJHI District- Saran
======================================================
Santosh Yadav @ Santosh Kumar Yadav @ Nepali S/o Vashist Yadav @
Basisth Yadav R/o vill - Phulwaria, P.S.- Manjhi, Distt.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh
For the Opposite Party/s : Mr. Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail
arises out of Manjhi Police Station Case No. 57 of
2026, dated 04.02.2026, disclosing offence under
Section 30(a) of the Bihar Prohibition and Excise
Act, 2018 (hereinafter referred to as ‘the Act’).
3. The prosecution case, as per the First Information
Report, is that on 03.02.2026 at about 10:20 P.M.,
during a raid, the police received secret
information that accused persons had concealed
foreign liquor underground near the bank of river
Ghaghara. Upon the information, the police
reached the spot and after seeing the police party
Patna High Court CR. MISC. No.18560 of 2026(2) dt.08-04-2026
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they started fleeing away and succeeded in it. The
mahal chowkidar disclosed their names as Brijesh
Sahni and Santosh Yadav @ Nepali i.e. the
petitioner. On search, 138.66 litres of foreign
liquor was recovered from beneath soil near bank
of the river.
4. Learned counsel for the petitioner submits that the
petitioner is having clean antecedent and has not
committed any offence in the manner alleged. The
petitioner has been made accused on the basis of
disclosure by the mahal chowkidar. He further
submits that illicit liquor has not been recovered
from the conscious possession of the petitioner
and/or premises belonging him and from perusal
of the seizure list it would be evident that illicit
liquor has been recovered from near bank of river
Ghaghara which is open space and is accessible to
all and sundry.
5. Regards being had to the submission made by the
parties and taking into consideration the fact that
the petitioner is not having any criminal
antecedent, illicit liquor has been recovered from
Patna High Court CR. MISC. No.18560 of 2026(2) dt.08-04-2026
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near bank of the river which is open space and is
accessible to all and sundry, I am inclined to grant
the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below
within four weeks, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive
Special Excise Judge – 2, Saran at Chapra, in
connection with Manjhi Police Station Case No.
57 of 2026, subject to the condition laid down
under Section 438 (2) of the Code of Criminal
Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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