Patna High Court
Nagendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is entitled to anticipatory bail under the B.N.S.S., 2023, subject to a bail bond and verification of his criminal antecedents.
Summary
Nagendra Yadav sought anticipatory bail after an FIR was lodged against him for alleged involvement in the illicit liquor case (Mirganj P.S. Case No. 132 of 2025) under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution recovered 36.400 litres of illicit liquor from a motorcycle, but no liquor was found in the petitioner's conscious possession and his name was linked to the case only through a chowkidar’s secret information. The petitioner asserted his innocence, clean antecedent, and argued that the allegations were unsubstantiated. The court examined the statutory provisions governing anticipatory bail, noting the lack of direct evidence against the petitioner and his clean record. It granted anticipatory bail subject to a Rs.30,000 bail bond and conditions under Section 2(1)(d) of the B.N.S.S. and Section 482(2), directing the trial court to verify his antecedents and cancel the bail if concealment is discovered. The order thus releases the petitioner from immediate arrest while the trial proceeds.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 in view of the facts of the illicit liquor case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 317(5), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- criminal procedure
- bail bond
- Bharatiya Nyaya Sanhita
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22632 of 2026
Arising Out of PS. Case No.-132 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Nagendra Yadav Son of Sadanand Yadav R/o Village - Kharauni Khas, P.S.-
Mirganj, Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Mirganj P.S. Case No. 132 of 2025 lodged on 18.03.2025,
for the offence punishable under Sections 317(5) of the
Bharatiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
two named accused persons including the present petitioner and
one unknown person. Total recovery of 36.400 litres of illicit
liquor has been made, which is the subject matter of the present
case.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22632 of 2026(2) dt.16-04-2026
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petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the recovery of alleged liquor
has been made from a motorcycle. Counsel further submits that
the name of the petitioner has come in this case only on the
basis of secret information and disclosure made by local
chowkidar. Counsel further submits that the petitioner has clean
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of District &
Additional Sessions Judge-IV-cum-Exclusive Special Excise
Court-II, Gopalganj, in connection with Mirganj P.S. Case No.
132 of 2025, subject to the conditions as laid down U/s 482(2)
of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
Patna High Court CR. MISC. No.22632 of 2026(2) dt.16-04-2026
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stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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