Patna High Court
Nandlal Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail, directing the petitioner’s release on bond and sureties.
Summary
The petitioner, Nandlal Kumar Yadav, was named in an anticipatory bail application after a seizure of 0.375 litres of illicit liquor from a motorcycle he owned, which was being driven by co‑accused Bablu Rai. The seizure was made under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, but the petitioner was not named in the FIR and did not have physical possession of the liquor. Counsel argued that the recovery was not linked to the petitioner’s conscious possession and that the seizure list lacked independent witness support, emphasizing his clean antecedent. The Additional Public Prosecutor opposed the bail, contending that the petitioner was implicated in illegal liquor trade. The Court observed that the prima facie evidence did not show possession by the petitioner and, considering his clean record, directed that he be released on anticipatory bail upon furnishing a bond and sureties. The bail was conditioned under Section 482(2) of the BNSS and to be surrendered within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to a person not named in the FIR and not in possession of the seized illicit liquor.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- possession
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45628 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- Excise P.S. District- Bhojpur
======================================================
Nandlal Kumar Yadav S/o Saral Yadav R/o Village - Hari Ke Tola Khawaspur,
P.S - Krishnagarh, District - Bhojpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Prabhat Kumar Singh, Advocate
For the Opposite Party : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Excise Ara
P.S. Case No.57 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 0.375 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that recovery of alleged illicit liquor was made
from a bike, bearing Registration No BR03AA 5292, which
Patna High Court CR. MISC. No.45628 of 2026(2) dt.10-07-2026
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was driven by co-accused, namely, Bablu Rai. It is also
submitted name of petitioner arrayed solely for the reason
that petitioner is the registered owner of the said motorcycle.
It is also submitted that recovery of illicit liquor was not
made from conscious possession of this petitioner and also is
not in any way connected with the alleged seized liquor. It is
further submitted that the seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on 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
Patna High Court CR. MISC. No.45628 of 2026(2) dt.10-07-2026
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learned Exclusive Special Excise Court No. 2, Bhojpur at Ara,
in connection with Excise Ara P.S. Case No.57 of 2026,
subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J.s)
aniket/-
U T
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