Satish Yadav @ Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43000 of 2026 Arising Out of PS. Case No.-213 Year-2026 Thana- KAUWAKOL District- Nawada ====================================================== Satish Yadav @ Satish Kumar, Son of Darogi Yadav, Resident of Village - Guaghoghara, P.S. - Kawakol, District - Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :
Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Kawakol P.S. Case No.213 of 2026 registered under Section 317(2) read with 3(5) of the Bharatiya Nyaya Sanhita (in short 'BNS',2023) and Sections 30(a) and 41 of the Bihar Prohibition and Excise(Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 100 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.43000 of 2026(2) dt.02-07-2026 2/3 the petitioner that the seized illicit liquor was recovered from a Motorcycle. It is further submitted that the name of the petitioner surfaced solely on the basis of suspicion. It is further submitted that seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. It is also pointed out that nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent of similar nature, in which, he is on bail.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-II,
Patna High Court CR. MISC. No.43000 of 2026(2) dt.02-07-2026 3/3 Nawada in connection with Kawakol P.S. Case No.213 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Raushan/- U T