Created by Fuzzy Cloud

Patna High Court

Santosh Yadav @ Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Santosh Yadav, was implicated in Karakat Police Station Case No. 89 of 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 20 litres of illicit liquor were recovered from a third‑party's field. He filed an anticipatory bail application, claiming innocence and offering to donate Rs.25,000 to charity without admitting guilt. The State opposed the relief. The Patna High Court, after evaluating the facts and the petitioner's submission, granted anticipatory bail under Section 482(2) of the BNSS, directing a bail bond of Rs.10,000 with two sureties and imposing conditions of a Rs.25,000 deposit and attendance at the police station on specified days. The court noted that its observations were prima facie and not a determination on the merits of the case. The bail order was issued subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in connection with the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37187 of 2026
                       Arising Out of PS. Case No.-89 Year-2026 Thana- KARAKAT District- Rohtas
                 ======================================================
                 Santosh Yadav @ Santosh Kumar S/o Baban Singh Resident of Village-
                 Belawain Tola, P.S.- Karakat, District- Rohtas

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajani Kant Singh
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                  Heard the learned counsel for the petitioner and

                   learned counsel for the State.

                                2. The petitioner apprehends arrest in connection with

                   Karakat P.S. Case No. 89 of 2026 registered for offences under

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

                                3. There is recovery of 20 liters of illicit liquor from

                   the Khalihan of one Lalji Yadav.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence. He

                   further submits that the petitioner is ready to donate Rs. 25,000/-

                   (Rupees Twenty Five Thousand Only) in some charitable

                   organization without accepting his guilt.

                                5. Learned APP for the State has vehemently opposed

                   the prayer of the petitioner.
Patna High Court CR. MISC. No.37187 of 2026(2) dt.15-06-2026
                                            2/3




                       6. Considering the facts and circumstances of the case

          and the submission of learned counsel for the petitioner, this

          application for anticipatory bail stands allowed.

                       7. Accordingly, let the petitioner, above-named, in the

          event of arrest or surrender within four weeks from today in the

          Court below, be released on anticipatory bail on furnishing bail

          bonds of Rs.10,000/- (Rupees ten thousand) with two sureties

          of the like amount each to the satisfaction of learned concerned

          Court below in connection with Karakat P.S. Case No. 89 of

          2026 subject to the conditions as laid down under Section

          482(2) of the BNSS and with further condition(s) that:-

                                              (I). The petitioner shall deposit an
                                  amount of Rs. 25,000/- (Rupees Twenty Five
                                  Thousand Only) in Ramakrishna Math,
                                  Village Jharha (near Matua Pahar), Halka
                                  Chilore, P.O. Gurua, Dist. Gayaji, Bihar and
                                  produce the receipt of the same before the
                                  Court below. The bail bonds of the petitioner
                                  shall be accepted after verifying the
                                  genuineness of the receipt produced by the
                                  petitioner.
                                              (ii). The petitioner is directed to
                                  mark his attendance in Karakat Police
                                  Station on every 1st and 3rd Sunday of each
                                  month. Failure to do so, will result in
                                  cancellation of bail bond of the petitioner.


                          8. It is made clear that any observation made herein

          is prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
            Patna High Court CR. MISC. No.37187 of 2026(2) dt.15-06-2026
                                                        3/3




                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

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.