Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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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