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Patna High Court

Santosh Yadav @ Santosh Kumar Yadav @ Santosh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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