Patna High Court
Nand Kishore YadavversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of antecedents as per Section 482(2) of the BNSS.
Summary
The petitioner, Nand Kishore Yadav, sought anticipatory bail fearing arrest in a case under Section 317(5) of the BNSS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to alleged recovery of 639 litres of liquor from a vehicle he did not own. He argued that he was implicated solely on secret information without any seizure from his possession and that police mechanically implicate excise offenders. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition of a Rs.20,000 bail bond, two sureties, and verification of the petitioner’s criminal antecedents. If the petitioner is found to have more than four prior cases, the bail will not be confirmed; if exactly four, it will be confirmed. The order is subject to Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an excise offence case where the alleged involvement is based on secret information and no possession is established.
- Whether the trial court may condition confirmation of anticipatory bail on verification of the petitioner’s criminal antecedents.
Subjects
- anticipatory bail
- excise offence
- secret information
- criminal antecedent
- Section 317
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58294 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Nand Kishore Yadav S/O Chhabila Yadav Resident Of Village- Pachalakhi,
Po- Pachalakhi, Ps- Nautan, Dist.- Siwan
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Shahi
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 317(5) of
BNSS and Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases, out of which three cases
are under the Excise Act and allegation is of recovery of 639
litres of liquor from a car.. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and is not the owner of the seized
vehicle and he came to be implicated based on secret
information which is the easiest way to implicate someone. It is
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next submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.20,000/- (Rupees twenty thousand) with two sureties of the
like amount each to the satisfaction of the learned trial court
where the case is pending/successor court in connection with
Mirganj P.S. Case No.290/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
four cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.58294 of 2025(3) dt.06-01-2026
3/3
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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