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Patna High Court

Santosh Singh Yadav @ Santosh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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