Patna High Court
Santosh Yadav @ Santosh Kumar Yadav @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioners' criminal antecedents and compliance with the stipulated bail conditions.
Summary
The petitioners, Santosh Yadav and Shambhu Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging that liquor was seized from a truck not owned by them and that they were implicated based on secret information without proper investigation. They highlighted their prior criminal records—four cases for petitioner 1 and two for petitioner 2—and argued that no liquor was found in their conscious possession. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs.20,000 each with two sureties, and directed the trial court to verify their criminal antecedents. If the antecedents exceed the stated limits, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the petitioners' prior criminal antecedents disqualify them from obtaining anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for granting provisional anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482 CrPC
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40653 of 2026
Arising Out of PS. Case No.-52 Year-2025 Thana- Bhatni District- Madhepura
======================================================
1. Santosh Yadav @ Santosh Kumar Yadav @ Santosh Kumar S/O Mahadev
Yadav R/O Village- Barahkurwa, PS- Bhatni, Distt- Madhepura
2. Shambhu Yadav @ Shambhu @ Kumar Suman S/O Anmol Yadav R/O
Village- Barahkurwa, PS- Bhatni, Distt- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Barun Kumar Singh
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of four cases and petitioner no.2
has antecedent of two cases and allegation is of recovery of
2743.2 litres of liquor from a ten wheeler cargo truck. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
are not the owners of the seized truck and they came to be
Patna High Court CR. MISC. No.40653 of 2026(2) dt.24-06-2026
2/3
implicated based on secret information which is the easiest way
to implicate someone, without holding a proper investigation. It
is also submitted that of late in the State of Bihar, the police is
implicating accused with criminal cases mechanically in cases
relating to liquor for obvious reason.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand)
each with two sureties of the like amount each to the satisfaction
of the learned trial court where the case is pending/successor
court in connection with Bhatni P.S. Case No.52/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of more than four cases and petitioner no.2 has antecedent of
more than two cases, in that event, it would be presumed that
Patna High Court CR. MISC. No.40653 of 2026(2) dt.24-06-2026
3/3
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.