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Patna High Court

Nirmal Yadav @ Nirmal Rai @ Nirmal RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and verification conditions, finding no direct incriminating evidence against him.

Summary

The petitioner, Nirmal Yadav, was implicated in a case involving the seizure of 120 litres of illicit country-made liquor from a motorcycle seized during a police check. The co-accused, Satvir (also known as Ankit Kumar), identified the petitioner in his statement, although no incriminating material was found on the petitioner and he was not present at the scene. The petitioner sought anticipatory bail, arguing innocence and lack of possession, while the State opposed, citing his six prior similar offences and labeling him a habitual offender. The court examined the evidence, noting the absence of any material linking the petitioner to the seized liquor, and considered the co-accused’s testimony insufficient for denial of bail. Consequently, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the Bihar Negotiable Substances Act, including verification of his criminal antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the co-accused’s identification and the petitioner’s prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • co-accused testimony
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • Bihar Negotiable Substances Act
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37147 of 2026
                         Arising Out of PS. Case No.-51 Year-2026 Thana- Geedha District- Bhojpur
                 ======================================================
                 Nirmal Yadav @ Nirmal Rai @ Nirmal Ray S/O Bhutan Yadav @ Bhulan
                 Yadav Resident of Village-Pachaina, P.S. - Geedha, District Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raju Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                  Heard the learned counsel for the petitioner and the

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Geedha P.S. Case No. 51 of 2026 for allegedly having

                   committed offence under Sections 30(a) of the Bihar Prohibition

                   and Excise Act and Section and 317(5) of the BNS.

                                3. As per the prosecution story which has been lodged

                   on the basis of the written report submitted by the informant to

                   the effect that he received information that one person will be

                   coming with illegal country-made liquor. The informant along

                   with the police party           reached at the place and started vehicle

                   checking drive.            During course of vehicle checking drive, one

                   person,        namely, Satvir @ Ankit Kumar                   was apprehended

                   and he disclosed the name of the petitioner and other persons.
Patna High Court CR. MISC. No.37147 of 2026(2) dt.15-06-2026
                                            2/3




          Upon search of the bike, which Satvir @ Ankit Kumar was

          riding, total 120 litres of illicit country-made liquor was

          recovered and seizure list was prepared accordingly.

                       4. The learned counsel for the petitioner submits that

          the petitioner is innocent and has not committed any offence,

          rather his name has transpired in the present case on the

          disclosure made by the co-accused person, Satvir @ Ankit

          Kumar. The petitioner has got no concern with the alleged

          motorcycle or seized liquor. The petitioner was not even present

          at the place of occurrence and on the disclosure made by the co-

          accused, he has been accused in the present case. He further

          submits that the petitioner has got six criminal antecedents of

          similar nature, in which he is on bail.

                       5. The learned APP for the State vehemently opposes

          the prayer for bail of the petitioner and submits that the

          petitioner is a habitual offender and if he will be granted the

          privilege of anticipatory bail, he will again indulge in the same

          offence.

                       6. Having heard the rival submissions and after going

          through the record, it appears that the petitioner was not present

          at the place of occurrence. 120 litres of illegal country- made

          liquor was seized from the bike and one person namely, Satvir
              Patna High Court CR. MISC. No.37147 of 2026(2) dt.15-06-2026
                                                          3/3




                        @ Ankir Kumar was arrested at the place of occurrence. On the

                        disclosure made by the co-accused, Satvir @ Ankit Kumar, the

                        name of the petitioner transpired in the present case and nothing

                        incriminating has been recovered from the possession of the

                        petitioner. Considering the above, let the petitioner, above

                        named, in the event of arrest or surrender within a period of six

                        weeks, be released on bail on furnishing bail bond of Rs.

                        10,000/- (Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Exclusive Special Judge

                        Excise Court No.-II, Bhojpur at Ara in connection with Geedha

                        P.S. Case No. 51 of 2026, subject to the conditions as laid down

                        under Section 482(2) of the B.N.S.S., with further condition:

                                     (1) The learned Court concerned shall verify the

                        criminal antecedent of the petitioner and in case at any stage, it

                        is found that the petitioner has concealed his criminal

                        antecedents, the court concerned shall take steps for cancellation

                        of bail bond of the petitioner. However, the acceptance of bail

                        bonds in terms of the above-mentioned order shall not be

                        delayed for purpose of or in the name of verification.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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