Patna High Court
NANHAK YADAV @ NANK YADAV @ NANHKU YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Nanahk Yadav, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 250 litres of liquor, of which 100 litres were said to have been found in his motorcycle. He contended that he was not present at the spot, had no conscious possession of the liquor, and was unaware that a friend misused his vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrenders to the trial court within six weeks, furnishes bail bonds and sureties, and deposits a sum with the Advocates’ Association. The order also stipulated verification of the petitioner’s criminal antecedents, with confirmation of bail contingent on finding no more than two prior cases. The bail was granted under Section 482(2) of the BNSS, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 30 Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76507 of 2025
Arising Out of PS. Case No.-188 Year-2025 Thana- CHAKAND District- Gaya
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NANHAK YADAV @ NANK YADAV @ NANHKU YADAV S/O DEO
SHARAN YADAV @ DURGA YADAV R/O Village- Dali Bigha, P.S-
Chakand, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 03-02-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. The learned counsel for the petitioner submits that
the defect, as pointed out by the office, stands removed except
for rectifying the name of Hon’ble the Chief Justice, which shall
be done during the course of the day.
4. Permission is accorded.
5. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the excise act and
allegation is of recovery of 250 liters of liquor from three
Patna High Court CR. MISC. No.76507 of 2025(3) dt.03-02-2026
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motorcycles out of which 100 liters of liquor is alleged to have
been recovered from the motorcycle of the petitioner.
6. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of one of the
seized vehicles. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged who also fled from the spot.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten 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 Chakand
Patna High Court CR. MISC. No.76507 of 2025(3) dt.03-02-2026
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P.S. Case No. 188 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
9. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
10. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
5000/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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