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Patna High Court

Nagendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified.

Summary

The petitioner, Nagendra Yadav, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 111 litres of illicit liquor were recovered from sand used for construction. The prosecution alleged his involvement, but no incriminating material was found in his conscious possession and he had only one prior criminal case pending on bail. The petitioner’s counsel applied for anticipatory bail, arguing lack of direct evidence and his right to liberty. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the facts, granted anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the petitioner’s alleged connection with the illicit liquor seizure warrants denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • Section 30
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39695 of 2026
                    Arising Out of PS. Case No.-68 Year-2026 Thana- INARWA District- West Champaran
                 ======================================================
                 Nagendra Yadav S/o Ramchhatri Yadav R/o Vill-Jhumka, P.S.-Inarwa, Dist
                 -West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manaur Alam , Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-06-2026                     Heard learned counsel for the petitioner and the

                   State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 111 litres of illicit liquor

                   was recovered from the sand stored for construction .

                                 4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner.              The name of the petitioner

                   transpired during investigation on the disclosure of Mahal

                   Chaukidar. Petitioner has got one criminal antecedent in which

                   he is on bail.

                                5. Learned A.P.P. for the State opposed the bail
          Patna High Court CR. MISC. No.39695 of 2026(2) dt.24-06-2026
                                                      2/2




                    application .

                                 6. Considering the aforesaid facts and circumstances

                    of the case, this anticipatory bail is allowed and it is ordered that

                    let the above named petitioner in the event of his

                    arrest/surrender before the court below within a period of eight

                    weeks from today, be enlarged on bail on furnishing bail-bond

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

                    amount each to the satisfaction of                   Exclusive special Judge

                    Excise Court-II, Bettiah West Champaran in connection with

                    Inarwa P. S. Case No. 68 of 2026 , subject to condition as laid

                    down under Section 482(2) of the Bharatiya Nagarik Suraksha

                    Sanhita .



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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