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Patna High Court

Nandu Yadav @ Nandu Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Nandu Yadav, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 1,200 litres of liquor from three motorcycles. He argued that he was not caught in possession, did not own the motorcycles, and was implicated by a hostile chowkidar, questioning the propriety of the police investigation. The State opposed the bail, citing his criminal antecedent of seven prior excise cases. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs. 35,000 with two sureties, and that the trial court verify his antecedent. The court stipulated that if more than seven prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in view of the alleged excise offence.
  • Whether the petitioner’s alleged lack of possession and ownership of the seized motorcycles defeats the basis for arrest.
  • Whether the petitioner’s criminal antecedent of seven prior excise cases affects the grant of anticipatory bail.
  • Whether the police investigation was proper given the alleged hostile informant.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a)
  • Section 482(2)
  • police investigation
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27103 of 2026
                       Arising Out of PS. Case No.-479 Year-2025 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Nandu Yadav @ Nandu Kumar Yadav Son of Rambalak Yadav @ Balak
                 Yadav Resident of village - Mohkama, Police Station - Rajauli, District -
                 Nawada.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kshem Sharma
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 1200 liters of liquor from three

                   motorcycles.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized motorcycles and he came to be
Patna High Court CR. MISC. No.27103 of 2026(2) dt.23-04-2026
                                            2/3




          implicated at the instance of Chowkidar with whom he is on an

          inimical term. It is also submitted that if Chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution. It is

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation. It is also submitted that earlier petitioner in

          similar manner came to be implicated in cases relating to

          Excise.

                       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 for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          35000/- (Rupees Thirty Five 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
            Patna High Court CR. MISC. No.27103 of 2026(2) dt.23-04-2026
                                                        3/3




                      Rajauli P.S. Case No. 479 of 2025 subject to the conditions as

                      laid down under Section 482 (2) of the BNSS.

                                   7. It is made clear that thereafter the learned Trial Court

                      shall verify the criminal antecedent of the petitioner and in the

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

                      seven cases then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his antecedent

                      before this Court, as such, the provisional anticipatory bail order

                      shall not be confirmed, but after verification if it is found that

                      petitioner has antecedent of seven cases only, in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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