Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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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