Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28557 of 2026 Arising Out of PS. Case No.-183 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== Santosh Kumar S/O Ram Narayan Yadav R/o Vill.- Siswa Barhi, P.S.- Phulparas, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Madan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2026 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363, 384, 420, 467, 468, 471, 272, 273, 506/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 375 ml illicit liquor was recovered from the seized vehicle of which this petitioner is a registered owner.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner. Petitioner is not named in the F.I.R. and his name transpired in this case merely on the ground that the vehicle in question was registered in his name. As a matter of fact, petitioner had sold the said vehicle to one Raghav Jha

Patna High Court CR. MISC. No.28557 of 2026(2) dt.30-04-2026 2/2 but ultimately, the same was not transferred in his name and the vehicle was used for transporting the illicit liquor without the knowledge or consent of this petitioner. Petitioner has got no concern with the alleged recovery. Petitioner claims clean antecedent.

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

6. Considering nature of accusation, quantity of recovery and clean antecedent, 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 bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge Excise, Jhanjharpur, Madhubani in connection with Laukahi (Narahiya O.P.) P. S. Case No. 183 of 2023, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

(Prabhat Kumar Singh, J) Navya/- U T