Patna High Court
Santosh Kumar @ Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated bond and surety conditions.
Summary
Santosh Kumar Yadav sought anticipatory bail after learning that he might be arrested in connection with PS case No. 331 of 2025, which alleged offences under Sections 274, 275, 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act relating to the recovery of 675 litres of liquor from three motorcycles. The prosecution’s case was based on the recovery of the liquor and the disclosure of the petitioner’s name by a co‑accused, although the petitioner was not the owner of the motorcycles and claimed no involvement. The petitioner argued that there was no prima facie case, that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with, and that he was falsely implicated. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences.
- Whether a prima facie case exists against the petitioner.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been satisfied.
- Whether the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 justify granting bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(5), 3(5)
Subjects
- anticipatory bail
- false implication
- liquor seizure
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition Act
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89284 of 2025
Arising Out of PS. Case No.-331 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
Santosh Kumar @ Santosh Kumar Yadav Son of Rajdev Yadav Resident of
Village- Kuadh, P.S.- Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Jaynagar PS Case No. 331 of 2025 instituted for the
offences under Sections 274, 275, 317(5) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 675
litres of liquor was recovered from three motorcycles.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.89284 of 2025(2) dt.19-01-2026
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The name of the petitioner transpired in this case on the basis of
disclosure made by apprehended co-accused person. Petitioner
is not the owner of any of the motorcycles in question and he
has no concern with the same. The petitioner has got no concern
with the alleged recovery of liquor. The petitioner has one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned
counsel for the petitioner, therefore, contends that prima-facie
no case is made out against the petitioner. Other co-accused has
been granted regular bail by this Court vide order dated
27.11.2025, passed in Cr. Misc. No. 81313 of 2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jaynagar PS Case
No. 331 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
Patna High Court CR. MISC. No.89284 of 2025(2) dt.19-01-2026
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2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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