Patna High Court
Santosh Yadav @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
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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
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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