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Patna High Court

Nandlal Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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