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Patna High Court

Santosh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner.

Summary

Santosh Yadav applied for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 11.620 litres of illicit liquor were seized from a motorcycle. The petitioner argued that he neither owned nor drove the vehicle and that the accusation was based solely on a co‑accused’s confessional statement, with no incriminating material found in his possession. Although he has two prior criminal records, none relate to similar offences. The State opposed the bail. The Court, considering the nature of the accusation, granted anticipatory bail, directing that if arrested within eight weeks the petitioner must furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 41413 of 2026
                   Arising Out of PS. Case No.-105 Year-2026 Thana- Nawalpur District- West Champaran
                 ======================================================
                 Santosh Yadav S/o Shambhu Yadav R/o Village - Dudhiyawa, P.S - Nawalpur,
                 District - West Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-07-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, total 11.620 litres illicit of

                   liquor was recovered from the motorcycle.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is neither the owner the

                   nor the driver. Petitioner has got no concern with the alleged

                   recovery and he has been made accused in this case merely on

                   the basis of confessional statement of co-accused who was

                   apprehended on the spot. Petitioner has got two criminal

                   antecedents none of them similar in nature in which he is on
           Patna High Court CR. MISC. No. 41413 of 2026(2) dt.07-07-2026
                                                       2/2




                     bail.

                                  5. Learned A.P.P. for the State opposed the bail

                     application.

                                   6. Considering nature of accusation, this anticipatory

                     bail is allowed and it is ordered that let the above named

                     petitioner in the event of his arrest/surrender before the court

                     below within a period of eight weeks from today, be enlarged on

                     bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with

                     two sureties of the like amount each to the satisfaction of

                     learned Special Judge            Excise, Court No.-II, Bettiah, West

                     Champaran in connection with Nawalpur P. S. Case No. 105 of

                     2026, subject to condition as laid down under Section 482(2) of

                     the Bharatiya Nagarik Suraksha Sanhita.



                                            (Prabhat Kumar Singh, J)
Sanjay/Alok-

U      T


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