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Patna High Court

Nagendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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