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Patna High Court

Naklu @ Abhinash Kumar @ Abhinash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, granting it subject to bond and surety conditions.

Summary

The petitioner, Naklu, sought anticipatory bail after being implicated in a case under Section 30(a) of the Excise Act for allegedly concealing illicit liquor. The prosecution alleged that a secret informant led police to a 60‑litre gallon from which 40 litres of country‑made liquor were recovered, and that the petitioner fled the scene. The petitioner contended that he had no possession of the liquor, the seizure occurred in an open public area unrelated to him, and that villagers falsely implicated him out of animosity, also challenging the legality of the search under Sections 103 and 105 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.). The State opposed the anticipatory bail. The court, considering the circumstances and the petitioner's lack of prior criminal record, granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S. and imposing standard conditions.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged violation of search and seizure provisions and the nature of the offence under the Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • illicit liquor
  • search and seizure
  • B.N.S.S.
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35101 of 2026
                      Arising Out of PS. Case No.-24 Year-2026 Thana- DHAMOUL District- Nawada
                 ======================================================
                 Naklu @ Abhinash Kumar @ Abhinash Yadav Son of Kapildeo Yadav
                 Resident Of Village - Dudhola P.S.- Dhamoul, District- Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sheo Kumar Prasad, Adv.
                 For the Opposite Party/s :      Mr.Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   21-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The Petitioner is apprehending his arrest in

                   connection with Dhamol P.S. Case No. 24 of 2026 registered for

                   the offences punishable under Section 30(a) of the Excise Act.

                                3. As per the prosecution case, the informant got a

                   secret information that the petitioner is concealing illicit liquor

                   in a 60 liters capacity gallon. Upon such information, informant

                   went to the place of occurrence and found that one person

                   started fleeing away. A search was made in the field and all

                   together 40 liters of country made liquor was recovered from a

                   gallon.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.35101 of 2026(2) dt.21-05-2026
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          this case and nothing has been recovered from the conscious

          possession of the petitioner and the place where the illicit liquor

          was seized was an open place accessible to all and the petitioner

          has no connection with the said land from which alleged

          recovery has been made. It has further been submitted that the

          local villagers out of animosity has falsely named the petitioner

          to the police to be the person who fled away from the place of

          occurrence. It has further been submitted that search and seizure

          is in violation of sections 103 and 105 of the B.N.S.S. It has

          lastly been submitted that the petitioner has got no criminal

          antecedent.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case as well as the nature of allegation against the

          petitioner, let the above named petitioner, in the event of his

          arrest/surrender within a period of six weeks from today, be

          enlarged on anticipatory bail on furnishing bail-bond of Rs.

          10,000/- (Rupees ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned court concerned,

          in connection with Dhamol P.S. Case No. 24 of 2026 subject to

          the conditions as laid down under Section 482(2) of the Bharitya
            Patna High Court CR. MISC. No.35101 of 2026(2) dt.21-05-2026
                                                        3/3




                      Nagrik Suraksha Sanhita (B.N.S.S.)

                                   7. This application stands allowed.



                                                 (Praveen Kumar, J)
niku/rajesh/-

U       T


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