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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48912 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- SAHARGHAT District- Madhubani ====================================================== Santosh Yadav S/O Jeebachh Yadav R/O Vill- Saharghat, P.S- Madhwapur, Distt.- Madhubani. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Pallavi, Adv. For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 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 a case in connection with Saharghat P.S. Case No. 85 of 2026 dated 18.05.2026 registered for the offences punishable under Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act. 3. As per the allegation, a car was intercepted however, the persons seated in the car managed to flee away into Nepal. It has been alleged that from the vehicle altogether 675 liters of illicit liquor was recovered. It has further been alleged that the petitioner and co-accused Ramprabodh Yadav were identified by the local chowkidar as the persons who had fled to Nepal. Patna High Court CR. MISC. No.48912 of 2026(2) dt.22-07-2026 2/3
4. Learned counsel for the petitioner has submitted that the vehicle from which the alleged recovery has been made, does not belong to the petitioner and he is not the owner of the said vehicle. It has further been submitted that petitioner was not apprehended from the spot and nothing has been recovered from his conscious possession. Procedures prescribed under Section 105 of the BNSS have not been followed with in this case. It has further been submitted that the petitioner is on inimical terms with the local chowkidar and that, owing to such animosity, the chowkidar falsely implicated the petitioner by naming him as one of the persons who fled from the vehicle. It has lastly been submitted that although the petitioner has been made accused in five other cases of similar nature, he is on bail in those cases. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6. Heard the learned counsel for the parties and perused the record. 7.
Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. Patna High Court CR. MISC. No.48912 of 2026(2) dt.22-07-2026 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Madhubani in connection with Saharghat P.S. Case No. 85 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S.
8. The application stands allowed. Ankit Kumar/- (Praveen Kumar, J) U T