Santosh Kumar Yadav @ Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48083 of 2026 Arising Out of PS. Case No.-219 Year-2025 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Santosh Kumar Yadav @ Santosh Yadav @ Santosh Kumar S/o Rajaram Yadav R/o Village- Vishnupur, P.S- Phulparas, Dist- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Excise Jhanjharpur P.S. Case No.219 of 2025, F.I.R dated 23.11.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, on secret information, S.H.O Jhanjharpur Police Station, on 23.11.2025 along with the informant and other police personnel reached at the place of

2/4 occurrence and found 405 litres of Nepali Wine in the rented house which was rented by co-accused Tarun Kumar @ Lalan.

4. Learned counsel for the petitioner submits that the place of recovery is from a house, besides Samir Garage and the petitioner is in no way connected with the seized articles. It has further been submitted that the search and seizure is said to have been made without adhering to the procedures / provisions prescribed under the B.N.S.S. Act. Lastly, it has been submitted that the petitioner has four criminal antecedent but is on bail in the said cases.

5. Learned counsel for the petitioner, on instructions, and without accepting his guilt, proposes to deposit a sum of Rs.5000/- (Rupees Five Thousand only) in the welfare account of the Advocates' Association of the Patna High Court.

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

7. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession and / or premises belonging to the petitioner rather the seized liquor has been recovered from one Samir garage, which is in no way connected with the petitioner, accordingly, this Court is inclined

3/4 to grant anticipatory bail to the petitioner.

8. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court, Jhanjharpur, Madhubani, in connection with Excise Jhanjharpur P.S. Case No.

4/4 (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T