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Patna High Court

Naresh Kumar @ Naresh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Naresh Kumar, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was involved in the recovery of 40.5 litres of illicit liquor concealed in bushes. He argued that the liquor was not in his conscious possession, the location did not belong to him, and that a hostile chawkidar had falsely implicated him to protect the real culprits. The State opposed the bail, contending that the petitioner has three prior excise cases and that the seriousness of the offence warrants custody. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., pending verification of his criminal antecedent. The order further stipulated that if verification reveals more than three prior cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. despite allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the absence of the alleged liquor from the petitioner's conscious possession and the involvement of a hostile chawkidar affect the grant of bail.
  • Whether the petitioner’s prior criminal antecedent of three excise cases influences the confirmation of the provisional bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail conditions
  • Section 438 CrPC
  • Section 482 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22115 of 2026
                    Arising Out of PS. Case No.-152 Year-2025 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Naresh Kumar @ Naresh Yadav S/O Shivnandan Yadav R/o - Datuar,
                 Chhapradhi, Ward No. 03, P.S - Khajauli, District - Madhubani
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :      Ms. Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 40.500 litres of liquor from sacks

                   concealed in bushes.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.22115 of 2026(2) dt.07-04-2026
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          Chawkidar with whom he is on an inimical term. It is next

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution. It is also submitted

          that it appears that the Chawkidar, in order to save the real

          culprits, falsely implicated the petitioner taking advantage of his

          criminal antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.15,000/-

          (Rupees Fifteen Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the case

          is pending/Successor Court in connection with Khajauli P.S.

          Case No. 152 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner
           Patna High Court CR. MISC. No.22115 of 2026(2) dt.07-04-2026
                                                       3/3




                     and if it is found that petitioner has antecedent of more than

                     three cases, it would be presumed that petitioner had concealed

                     his antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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