Patna High Court
Nandu Yadav @ Nandu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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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