Patna High Court
Nawal Kishor Yadav @ Gabbar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted notwithstanding the seriousness of the charges and the petitioner’s antecedents, provided strict conditions are imposed.
Summary
The petitioner, Nawal Kishor Yadav, was arrested in connection with a case of deaths caused by consumption of poisonous liquor, charged under several sections of the Indian Penal Code and the Bihar Prohibition and Excise (Amendment) Act. He claimed false implication and argued that the allegations were general and the informant was not an eye‑witness. The State opposed bail, citing the seriousness of the offences and the petitioner’s five prior criminal antecedents. The court considered the length of custody since September 2025 and the nature of the charges. It decided to grant bail, subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, non‑intimidation of witnesses, and not committing similar offences. The trial court was directed to cancel the bail if any condition is violated.
Issues considered
- Whether bail should be granted to the petitioner despite the grave nature of the offences under the IPC and the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents and the period of custody preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 32, 33, 34, 37, 41
- Indian Penal Code — s. 120, 201, 302, 304, 307, 328, 34
Subjects
- bail
- poisonous liquor
- Indian Penal Code
- Bihar Prohibition and Excise Act
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2358 of 2026
Arising Out of PS. Case No.-465 Year-2023 Thana- TURKAULIYA District- East
Champaran
======================================================
Nawal Kishor Yadav @ Gabbar Yadav S/o Birendra Yadav @ Birendra Ray
Resident of village - Karamwa Jaishinghpur, P.S.- Turkauliya, Distt.- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
Ms.Harsha Shashwat, Advocate
For the Opposite Party/s : Mr.Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with
Turkauliya (Raghunathpur) P.S. Case No. 465 of 2023,
instituted for the offences under Sections 304, 328, 201/34 of
the Indian Penal Code and u/s 33, 34, 37 and 41 of the Bihar
Prohibition and Excise (Amendment) Act.
3. Prosecution case, in short, is that several persons
died due to consumption of poisonous liquor.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that in course of investigation
the name of the petitioner surfaced in this case stating that
Patna High Court CR. MISC. No.2358 of 2026(3) dt.10-03-2026
2/3
petitioner has distributed the alleged liquor in the area. He
further submitted that after investigation the I.O of this case has
submitted Charge-sheet u/s 302, 307, 120(B) of the I.P.C. and
33,34,37 and 41 and Section 32 of the Bihar Prohibition and
Excise Act. Learned counsel for the petitioner submits that
general and omnibus allegation has been made against the
petitioner. The informant is not the eye-witness of the
occurrence. It has been submitted on behalf of the petitioner that
the petitioner is in custody since 18.09.2025 and has five
criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Turkauliya
(Raghunathpur) P.S. Case No. 465 of 2023, subject to the
following conditions:
Patna High Court CR. MISC. No.2358 of 2026(3) dt.10-03-2026
3/3
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The Petitioner shall not commit offence of a
similar nature in future.
(V) The Petitioner shall not leave the territorial
jurisdiction of the learned court below without prior permission
of the court concerned.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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