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Patna High Court

Nande Saw @ Nand Lal SawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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