Patna High Court
Naresh Kumar @ Naresh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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