Patna High Court
Naval Yadav @ Nawal Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioner.
Summary
Naval Yadav applied for anticipatory bail after being implicated in a case (Kashimbazar P.S. Case No. 80 of 2026) for alleged offences including assaulting police and facilitating the escape of a person arrested for illicit liquor. The prosecution alleged that Yadav and others freed the arrested individual and assaulted the police party. The court examined the seriousness of the allegations under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act. Considering the nature of the offences, the court declined to grant anticipatory bail. The application was dismissed, but Yadav was permitted to surrender within two weeks and seek regular bail. The court clarified that its observations are limited to this application and do not prejudice future proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 121(2), 126(2), 127(2), 132, 190, 191(3), 263(a), 3(5), 351(2), 352
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- criminal procedure
- assault on police
- illicit liquor
- bail jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38593 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- KASIMBAZAR District- Munger
======================================================
Naval Yadav @ Nawal Kishor Yadav S/o Late M.P. Yadav R/o Mohalla -
Chuabagh (Chuabag), P.s.- Kasim Bazar, Distt.- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivek Raj
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Kashimbazar P.S. Case No. 80 of 2026 registered for offences
under Section(s) 126(2), 127(2), 109(1), 132, 121(2), 263(a),
191(3), 190, 352, 351(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Section 30(a) of Bihar Prohibition and Excise
Act.
3. As per the prosecution case, the petitioner and
others are alleged to have freed a person who had been arrested
for dealing in illicit liquor. The petitioner and others are alleged
to have assaulted the police party.
4. Considering the allegations levelled against the
petitioner, this Court is not inclined to grant the privilege of
Patna High Court CR. MISC. No.38593 of 2026(2) dt.17-06-2026
2/2
anticipatory bail to the petitioner in the present case.
5. Accordingly, the application for anticipatory bail is
hereby dismissed.
6. However, the petitioner is at liberty to surrender
before the concerned Court below within two weeks from today
and pray for regular bail, if so advised.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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