Patna High Court
Nagendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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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