Naklu @ Abhinash Kumar @ Abhinash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35101 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- DHAMOUL District- Nawada ====================================================== Naklu @ Abhinash Kumar @ Abhinash Yadav Son of Kapildeo Yadav Resident Of Village - Dudhola P.S.- Dhamoul, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad, Adv.
For the Opposite Party/s :
Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 21-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Dhamol P.S. Case No. 24 of 2026 registered for the offences punishable under Section 30(a) of the Excise Act.
3. As per the prosecution case, the informant got a secret information that the petitioner is concealing illicit liquor in a 60 liters capacity gallon. Upon such information, informant went to the place of occurrence and found that one person started fleeing away. A search was made in the field and all together 40 liters of country made liquor was recovered from a gallon.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.35101 of 2026(2) dt.21-05-2026 2/3 this case and nothing has been recovered from the conscious possession of the petitioner and the place where the illicit liquor was seized was an open place accessible to all and the petitioner has no connection with the said land from which alleged recovery has been made. It has further been submitted that the local villagers out of animosity has falsely named the petitioner to the police to be the person who fled away from the place of occurrence. It has further been submitted that search and seizure is in violation of sections 103 and 105 of the B.N.S.S. It has lastly been submitted that the petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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 learned court concerned, in connection with Dhamol P.S. Case No. 24 of 2026 subject to the conditions as laid down under Section 482(2) of the Bharitya
Patna High Court CR. MISC. No.35101 of 2026(2) dt.21-05-2026 3/3 Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J) niku/rajesh/- U T