Santosh Kumar @ Santosh Kumar Yadav @ Santosh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59174 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- Narhiya District- Madhubani ====================================================== Santosh Kumar @ Santosh Kumar Yadav @ Santosh Yadav, S/o Hareram Yadav @ Hare Ram Yadav, R/O Village- Sananpatti, PS- Narahiya, DistrictMadhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti, Advocate.
For the Opposite Party/s :
Mr.Veena Kumari Jaiswal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 23-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Narahiya P.S. Case No. 20 of 2025 registered for the offence punishable under Sections 274/275/3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Allegation is of recovery of 104.400 litres of Nepali liquor from the cycle of the petitioner.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. His name has surfaced in the case on basis of confessional statement made by co-accused Nand Kumar @ Akash Kumar. He has no concern either with
Patna High Court CR. MISC. No.59174 of 2025(2) dt.23-09-2025 2/2 the seized liquor or trade of liquor in any manner. His cycle was parked in an open place and he had no knowledge about dumping of liquor on his cycle.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties and the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Narahiya P.S. Case No. 20 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T