Patna High Court
Nande Saw @ Nand Lal SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Nande Saw, feared arrest in a case involving 65 bags of fortified rice allegedly recovered from a vehicle, alleged to violate Sections 303(2) and 317(2) of the BNSS and Section 7 of the Essential Commodities Act. He contended that he neither owned nor travelled in the vehicle and that the only incriminating material was the driver’s statement, with no other evidence linking him. The State opposed his bail, but the court noted the lack of material against the petitioner and the clean record. Relying on Section 482(2) of the BNSS, the court granted anticipatory bail, subject to a bail bond of Rs.20,000 and two sureties. The order directs that if arrested within six weeks, the petitioner be released on bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS given the absence of direct evidence linking him to the alleged offence.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 303(2), 317(2), 482(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- essential commodities
- fortified rice
- BNSS
- Section 303
- Section 317
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16166 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Nande Saw @ Nand Lal Saw, S/o Saudagar Saw, R/o - Sansar Pokhar, Ward
No. 19, P.S - Kabaiya, District -Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar,Adv.
For the Opposite Party/s : Mr. Parmeshwar Mehta,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-04-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Kabaiya P. S. Case No. 137 of 2025 registered for the
offences punishable under Sections 303(2) and 317(2) of the
B.N.S. and Section 7 of the Essential Commodities Act.
3. Learned counsel for the petitioner submits that as
per the allegation, 65 bags of fortified rice were recovered from
a particular vehicle bearing registration no. BR21 GB 1483 and
it is not a case of the prosecution that petitioner was travelling in
the said vehicle. The petitioner has been made accused mainly
on the basis of disclosure made by the driver of the said vehicle
regarding his alleged involvement in the commission of the
alleged offence but except this, there is no material against him.
It is further submitted that the petitioner is neither a dealer of
the alleged subsidized rice nor the owner of the said vehicle and
Patna High Court CR. MISC. No.16166 of 2026(2) dt.01-04-2026
2/2
his past is completely clean. It is lastly submitted that co-
accused, namely Rajniti Kumar, who was the driver of the
alleged vehicle, has been granted bail by the coordinate Bench
of this Court vide order dated 30.07.2025 passed in Cr. Misc.
No. 46565 of 2025.
4. Learned APP for the State opposes the bail prayer
of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, this court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest/surrender before the
learned court below within a period of six weeks from today, be
released on anticipatory bail in connection with Kabaiya P. S.
Case No. 137 of 2025 on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
Rajiv/-
U T
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