Patna High Court
Santosh Singh Yadav @ Santosh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure was not made from the petitioner's conscious possession.
Summary
Santosh Singh Yadav was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 319.68 litres seized from his indigo car. The petitioner contended that the liquor was not in his conscious possession and that the seizure list lacked independent witnesses. He applied for anticipatory bail, which the Additional Public Prosecutor opposed. The court observed that the recovery did not appear to be from the petitioner's conscious possession and therefore granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order directed release within four weeks of arrest or surrender before the Special Exclusive Judge, Excise‑I, Kaimur.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC.
- Whether the seizure of illicit liquor was made from the petitioner's conscious possession.
- Whether the conditions of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- conscious possession
- Section 30(a)
- Excise law
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40223 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- NUAOW District- Kaimur (Bhabua)
======================================================
Santosh Singh Yadav @ Santosh Singh, S/o- Shivpujan Singh, R/o village-
Bahpura, P.S.- Ramgarh, Dist- Kaimur at Bhabua
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Nuaon P.S. Case
No.115 of 2025 registered under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 319.68 liters of IMFL/country-made liquor from
Indigo car bearing Registration No. UP65BX7421.
4. It is submitted by learned counsel appearing for
the petitioner that the petitioner has been implicated with
Patna High Court CR. MISC. No.40223 of 2026(2) dt.23-06-2026
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present case, as he is registered owner of Indigo car, from
where alleged recovery of illicit liquor was made. It is
submitted that alleged recovery of illicit liquor was not made
from conscious possession of this petitioner, who is a man of
clean antecedent. It is submitted that the seizure list is not
supported by independent witnesses rather by the police
personnel.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from conscious possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Exclusive Judge (Excise)-
I, Kaimur at Bhabhua in connection with Nuaon P.S. Case
No.115 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.40223 of 2026(2) dt.23-06-2026
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under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J.)
aniket/-
U T
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