Patna High Court

Santu Yadav @ Pramod YadavversusThe State of Bihar

Decided: 17 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

Anticipatory bail is granted conditionally, subject to bond and surety requirements and compliance with Section 482(2) of the BNSS, 2023.

Summary

Petitioners Santu Yadav and Munni Yadav sought anticipatory bail in connection with Excise Case No. 802 of 2024, filed under Sections 30(a), 30(c) and 47 of the Bihar Prohibition & Excise Act, after police recovered 210 litres of illicit liquor and a motorcycle. The petitioners contended that they were not present at the site of seizure, had no involvement with the liquor or the vehicle, and possessed no criminal antecedent, offering to cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the clean records, lack of direct material against the petitioners and the submissions of counsel, ordered that if the petitioners are arrested or surrender within six weeks, they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order effectively grants conditional anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the Bihar Prohibition & Excise Act provisions.
Whether the material on record justifies denial of bail.
Whether conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, are applicable.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita — s. 482(2)

Subjects

anticipatory bail
excise law
illicit liquor
Bihar Prohibition & Excise Act
Bharatiya Nagrik Suraksha Sanhita
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24192 of 2026
                      Arising Out of PS. Case No.-802 Year-2024 Thana- Excise P.S. District- Nawada
                 ======================================================
           1.     Santu Yadav @ Pramod Yadav Son of Deoki Yadav R/o Vill. - Mohkama,
                  P.S - Rajauli, Dist. - Nawada.
           2.     Munni Yadav @ Munna Yadav Son of Prasadi Yadav R/o Vill. - Mohkama,
                  P.S - Rajauli, Dist. - Nawada.
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                     Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in

                   connection with Nawada Excise P.S. Case No. 802 of 2024,

                   instituted under Sections 30(a), 30(c), 47 of the Bihar

                   Prohibition & Excise Act.

                                3. As per the prosecution case, on getting secret

                   information regarding manufacturing and selling of illicit

                   liquor on the bank of river near Jogna Tila in Mohkama

                   Forest by the petitioners and other co-accused persons,

                   police party reached there and recovered 210 litre country

                   made liquor kept in the bush and a motorcycle bearing

                   Registration No. BR27 4008.
Patna High Court CR. MISC. No.24192 of 2026(2) dt.17-04-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in

          this case. Petitioners have no concern either with the seized

          liquor or with the motorcycle. Recovery has been made

          from an open place. Petitioners were not present on the

          spot. Except suspicion, there is no material against the

          petitioners. Petitioners have no criminal antecedent.

          Petitioners undertake to co-operate in the investigation and

          trial.

                       5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submission of learned counsel for the parties and clean

          antecedent of the petitioners, in the event of arrest or

          surrender before the Court below within six weeks from

          today, the petitioners be released on bail upon furnishing

          bail bonds of Rs. 10,000/- (Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of

          learned Exclusive Special Excise Judge IInd, Nawada in

          connection with Nawada Excise P.S. Case No. 802 of 2024,

          subject to the conditions laid down in Section 482 (2) of the
              Patna High Court CR. MISC. No.24192 of 2026(2) dt.17-04-2026
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                        Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

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