Patna High Court

Nageshwar Prasad Yadav @ Nageshwar Yadav @ Nageshwar RaiversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Nageshwar Prasad Yadav, feared arrest in a case (PS No. 396 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 75 litres of country‑made liquor recovered from a riverbank. The prosecution alleged that the liquor was recovered from two plastic containers, while the petitioner claimed he was falsely implicated based on information from a local chowkidar and had no criminal antecedent. He also argued that the investigation did not comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that no prima facie case existed against him. The State opposed the grant of bail. The Court, after considering the facts, ordered that the petitioner be released on anticipatory bail if arrested within six weeks, subject to a bail bond of Rs.15,000 and two sureties of equal amount, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case.
Whether the prosecution has made out a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the investigation complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, can be invoked to grant anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.7040 of 2026
                   Arising Out of PS. Case No.-396 Year-2025 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Nageshwar Prasad Yadav @ Nageshwar Yadav @ Nageshwar Rai Son of Late
                 shivnath Yadav Resident of Village- Andhra Ps- Adapur Dist -East
                 Champaran
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar, Advocate
                 For the Opposite Party/s :       Ms.Gulnar Begum, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.      The petitioner apprehends his arrest in connection

                   with Adapur P.S. Case No. 396 of 2025, instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                            3.      The prosecution case, in short, is that total 75 litres

                   of country made liquor was recovered from two plastic near the

                   river.

                            4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   information given by the local Chowkidar. The petitioner has

                   got no concern with the alleged recovery of liquor. The
           Patna High Court CR. MISC. No.7040 of 2026(2) dt.04-02-2026
                                                       2/2




                     petitioner has no criminal antecedent. There is no compliance of

                     Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     Learned counsel for the petitioner, therefore, contends that

                     prima-facie no case is made out against the petitioner.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Adapur P.S. Case

                     No. 396 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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