Patna High Court

Santosh YadavversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail may be granted in the present case despite the petitioner’s antecedents, provided the stipulated conditions are fulfilled.

Summary

Santosh Yadav was arrested in connection with Excise P.S. Case No. 753 of 2025 for alleged possession of 8.4 litres of country‑made liquor recovered from a motorcycle. The petitioner contended that he was merely a passer‑by, not the owner of the vehicle, and that no incriminating material was found in his conscious possession. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to his four prior criminal antecedents. The State opposed the bail application, arguing the seriousness of the offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. After considering the custody period, the absence of direct evidence against the petitioner, and the circumstances of his alleged involvement, the Court decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties and specific compliance requirements.

Issues considered

Whether bail should be granted to the accused in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition act
illegal liquor
criminal antecedent
Section 103
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2171 of 2026
                     Arising Out of PS. Case No.-753 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Santosh Yadav S/o- Late Ramnarayan Chaudhary @ Late Rampujan Yadav
                 R/v- Sareya W.No-6, Ps- Nagar Dist- Gopalganj
                                                                       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Mili Kumari, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   P.S. Case No. 753 of 2025, instituted for the offences punishable

                   under Sections 30(a) and 32 of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that 8.4 liters of

                   country made liquor was recovered from motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is

                   not the owner of the vehicle rather he was passersby of the way
           Patna High Court CR. MISC. No.2171 of 2026(2) dt.19-01-2026
                                                       2/2




                     and has become victim of circumstances. The petitioner is in

                     custody since 11.11.2025 and has got four criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Excise P.S. Case No.

                     753 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

Continue reading with your account

Checking your session…