IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18560 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- MANJHI District- Saran ====================================================== Santosh Yadav @ Santosh Kumar Yadav @ Nepali S/o Vashist Yadav @ Basisth Yadav R/o vill - Phulwaria, P.S.- Manjhi, Distt.- Saran at Chapra ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 08-04-2026 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail arises out of Manjhi Police Station Case No. 57 of 2026, dated 04.02.2026, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 (hereinafter referred to as ‘the Act’). 3. The prosecution case, as per the First Information Report, is that on 03.02.2026 at about 10:20 P.M., during a raid, the police received secret information that accused persons had concealed foreign liquor underground near the bank of river Ghaghara. Upon the information, the police reached the spot and after seeing the police party Patna High Court CR. MISC. No.18560 of 2026(2) dt.08-04-2026 2/3 they started fleeing away and succeeded in it. The mahal chowkidar disclosed their names as Brijesh Sahni and Santosh Yadav @ Nepali i.e. the petitioner. On search, 138.66 litres of foreign liquor was recovered from beneath soil near bank of the river. 4. Learned counsel for the petitioner submits that the petitioner is having clean antecedent and has not committed any offence in the manner alleged. The petitioner has been made accused on the basis of disclosure by the mahal chowkidar. He further submits that illicit liquor has not been recovered from the conscious possession of the petitioner and/or premises belonging him and from perusal of the seizure list it would be evident that illicit liquor has been recovered from near bank of river Ghaghara which is open space and is accessible to all and sundry. 5. Regards being had to the submission made by the parties and taking into consideration the fact that the petitioner is not having any criminal antecedent, illicit liquor has been recovered from Patna High Court CR. MISC. No.18560 of 2026(2) dt.08-04-2026 3/3 near bank of the river which is open space and is accessible to all and sundry, I am inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge – 2, Saran at Chapra, in connection with Manjhi Police Station Case No. 57 of 2026, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T