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Patna High Court

Santosh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, holding that the prima facie evidence did not establish conscious possession of the illicit liquor.

Summary

Santosh Yadav was named in an FIR for allegedly possessing 152.4 litres of illicit liquor and using a motorcycle to transport it, offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that he had no connection with the motorcycle and that the liquor recovery was not a result of his conscious possession. The State opposed the bail application. The Court examined the factual submissions and noted that the recovery did not prima facie establish his possession. Consequently, the Court ordered that the petitioner be granted anticipatory bail upon surrendering within four weeks, subject to a bail bond of Rs.10,000 and two sureties, and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in view of the alleged possession of illicit liquor.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • bail
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36629 of 2026
                   Arising Out of PS. Case No.-188 Year-2026 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Santosh Yadav S/o Salik Yadav Resident of Village - Shivrajpur Chharki, P.S.-
                 Nautan, District - West Champaran
                                                                                ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raki Alam, Advocate
                 For the Opposite Party/s :       Mrs.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Nautan P.S. Case No.

                   188 of 2026 registered for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition and Excise Act.

                             3. The allegation against the petitioner is to have in

                   possession of 152.4 litres of illicit liquor and engaged in illegal

                   trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that petitioner is not connected in any manner with

                   the motorcycle, which is alleged to be involved in carrying of

                   illicit liquor. It is submitted that out of disclosure and suspicion

                   raised by neighbours and local chowkidar, the name of this

                   petitioner was transpired with the present recovery of illicit
           Patna High Court CR. MISC. No.36629 of 2026(2) dt.08-06-2026
                                                       2/2




                     liquor. Explaining criminal antecedent of the petitioner, it is

                     submitted that petitioner found involved in three criminal cases

                     in which he is on bail.

                              5. Mrs. Suman Kumari Singh, learned A.P.P. for the

                     State has opposed the prayer for anticipatory bail of the

                     petitioner.

                              6. In view of the aforesaid factual submissions and by

                     taking note of the fact as recovery of illicit liquor prima-facie

                     not appears to be made from conscious physical possession of

                     this petitioner, accordingly, above-named petitioner, in the event

                     of his arrest/surrender within a period of four weeks from this

                     order, is directed to be enlarged on bail on furnishing of bail

                     bond of Rs.10,000/- (ten thousand only) with two sureties of the

                     like amount each to the satisfaction of learned Special Judge,

                     Excise–I,      Bettiah,     West        Champaran/concerned   court   in

                     connection with Nautan P.S. Case No. 188 of 2026, subject to

                     the conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                     (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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