Nandlal Kumar Yadav v. The State Of Bihar

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 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