Patna High Court
Nand Kishore YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail, granting provisional bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Nand Kishore Yadav, applied for anticipatory bail under Section 438 of the CrPC in connection with alleged offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, involving the recovery of liquor and semi‑manufactured mahua. He claimed he was not arrested at the spot, had no conscious possession of the seized material, and was implicated by a watchman with whom he has an enmity, questioning the credibility of the prosecution. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.40,000 with two sureties, subject to the conditions of Section 438(2) CrPC. The Court also ordered the trial court to verify the petitioner’s criminal antecedent; if more than eight prior cases are found, the bail may be revoked, otherwise it will be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for offences punishable under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act.
- Whether the petitioner’s antecedent of eight prior cases affects the grant of anticipatory bail.
- Whether the circumstances of non‑arrest, lack of possession, and alleged false implication justify the issuance of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Bihar Narcotic Substances Act
- criminal antecedent
- bail conditions
- public place
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19201 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- CHANPATIA District- West Champaran
======================================================
Nand Kishore Yadav Son of Sri Lal Bahadur Yadav @ Bahadur Yadav
Resident of Village- Basantpur, P.S.- Sathi, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 274 and 275 of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of eight cases out of which six
cases are under the Excise Act and allegation is of recovery of
84 litres of liquor from two places near bank of Sikharhana river
and 9000 litres of semi-manufactured mahua pass which was
destroyed at the spot.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.19201 of 2026(2) dt.26-03-2026
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recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of Chaukidar with whom he is on an inimical
term. It is further submitted that if Chaukidar was aware of the
involvement of the petitioners in the occurrence, then why he
did not inform the police prior to institution of the present F.I.R.,
which casts an aspersion on the case of the prosecution. It is
next submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation. It is submitted
that petitioner in similar manner earlier also came to be
implicated in cases relating to Excise.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.40,000/- (Rupees Forty Thousand) with two sureties
Patna High Court CR. MISC. No.19201 of 2026(2) dt.26-03-2026
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of the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor Court in connection
with Chanpatia P. S. Case No.28 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than eight cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of eight cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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