Created by Fuzzy Cloud

Patna High Court

Santosh Yadav @ Santosh Kumar Yadav @ NepaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                            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
                                                        3/3




                                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.