Patna High Court
Nagendra Yadav @ Aaryan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties and verification of antecedent, under Section 438(2) Cr.P.C.
Summary
The petitioner, Nagendra Yadav, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 272 litres of liquor in a sack and 8.6 litres in a motorcycle. He contended that he has a clean antecedent, was not in actual possession at the time of arrest, does not own the seized vehicle, and that the complaint was motivated by an inimical watchman. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties of the same amount, and that the trial court verify his criminal antecedent. If any antecedent is found, the provisional order will not be confirmed; otherwise it will be confirmed forthwith. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s claim of lack of possession and clean antecedent justifies the grant of anticipatory bail.
- Whether the court may impose a provisional bail order subject to verification of the petitioner’s criminal antecedent.
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor possession
- clean antecedent
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27928 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
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Nagendra Yadav @ Aaryan Yadav S/o Ramchandra Yadav @ Ramchandra
Chaudhari Resident of Village - Shaobhan Chak, Baluwan Raimal, P.S. -
Vishambharpur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 272 litres of liquor from a sack and 8.6 litres of
liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and even the alleged recovery of 272 litres of
liquor is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.27928 of 2026(2) dt.28-04-2026
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and he came to be implicated at the instance of the Chawkidar
with whom he is on an inimical term. It is further submitted that
if the Chawkidar was aware of the involvement of the petitioner
in the occurrence then why he did not inform the police prior to
the institution of the instant FIR which casts an aspersion on the
case of the prosecution.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees
Five Hundred) 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 Kuchaikote P.S.
Case No. 101 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.27928 of 2026(2) dt.28-04-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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