Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13747 of 2025 Arising Out of PS. Case No.-57 Year-2020 Thana- SAKATPUR District- Darbhanga ====================================================== Santosh Kumar Yadav S/o- Chandra Kishore yadav RO Village- Kumbai Bhadaun PS- Ghanshyampur District-Darbhanga ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 13-05-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), of the Bihar Prohibition and Excise Act, 2018.

3. From perusal of the First Information Report and the seizure list, it would appear that a total recovery of 26.9 liters of foreign liquor was recovered from a Santro car and 750 ml of foreign liquor was recovered from a motorcycle bearing registration no. BR07AE4431.

4. Learned counsel for the petitioner submits that the name of the petitioner has surfaced in this case on account of fact that he is owner of the said seized motorcycle. It is further submitted that the petitioner had transferred the alleged

Patna High Court CR. MISC. No.13747 of 2025(3) dt.13-05-2025 2/2 motorcycle in the name of one Ganga Prasad Yadav and the document has also been brought on the record as Annexure P-2 to the application. As a matter of fact, there is no recovery from the physical and conscious possession of the petitioner and the petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Considering the above facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 Exclusive Special Judge, Excise-II, Darbhanga, in connection with Sakatpur P.S. Case No.57 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and and subject to the further condition that the petitioner shall cooperate in the investigation/trial. (Soni Shrivastava, J) N.K/- U T