Patna High Court
Niranjan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
Bail was granted to the petitioner subject to a Rs 10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Niranjan Kumar Yadav, was implicated in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 18 litres of country‑made liquor recovered from two motorcyclists, the motorcycle being registered in his name but reportedly stolen. He claimed he was not present at the time of recovery, had no prior criminal record, and had not previously applied for bail. The State opposed the bail application. The High Court, considering the stolen‑vehicle claim and the modest quantity of contraband, granted bail on the condition that the petitioner furnish a Rs 10,000 bond with two sureties and comply with conditions under Section 482(2) of the B.N.S.S., 2023, including disclosure of any concealed antecedents. The order directed the lower court to cancel bail if false statements were discovered.
Issues considered
- The appropriateness of granting bail to an accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the fact that the alleged contraband was found on a stolen motorcycle belonging to the petitioner affects bail eligibility.
- Impact of the petitioner’s claim of no prior criminal antecedents and lack of earlier bail applications on the bail decision.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- Bihar Prohibition and Excise Act
- contraband
- stolen vehicle
- criminal antecedents
- Section 482
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29596 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- HARPUR District- Munger
======================================================
Niranjan Kumar Yadav, S/o Haridwar Yadav, Resident of Village- Vadla
(Badla), P.S.- Velhar (Belhar), Dist.- Banka.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Surya Narayan Sah, Advocate
For the State : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Harpur P.S. Case No.116 of 2025, dated-
28.12.2025, registered for the offences punishable under
Sections 30(a)/ 32 of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per allegation, 18 liter of country made liquor
has been recovered from two motorcyclist riding motorcycle
and as per the further case of the production, the motorcycle
belongs to the Petitioner.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that even as per the FIR, the Petitioner
Patna High Court CR. MISC. No.29596 of 2026(2) dt.06-05-2026
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was not present at the time of recovery of the contraband. The
only allegation against the Petitioner is that the motorcycle in
question belongs to him. However, the motorcycle of the
Petitioner was already stolen.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the quantity of the alleged contraband
and the submission of the Petitioner that his motorcycle was
already stolen, this petition is allowed, directing the petitioner,
above-named, to be enlarged on bail, in the event of his arrest
or surrender before the court below within a period of eight
weeks from the date of receipt / production of a copy of this
order, on his furnishing bail bonds in the sum of Rs. 10,000 /-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Harpur P.S. Case No.116 of 2025, subject to the conditions
as laid down under Section 482 (2) of the B.N.S.S., 2023 and on
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the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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