Navlesh Yadav @ Navlesh Kumar @ Namlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52610 of 2025 Arising Out of PS. Case No.-914 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== 1.

Navlesh Yadav @ Navlesh Kumar @ Namlesh yadav son of Sahdev Yadav Village- Mohkama PS- Rajauli, Dist- Nawada 2.

Mithlesh Yadav son of Laxman Yadav Village- Mohkama PS- Rajauli, DistNawada 3.

Horil Yadav son of Budhan Yadav Village- Mohkama PS- Rajauli, DistNawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-12-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 30(a)(c) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases, petitioner No. 2 has antecedent of six cases and petitioner no. 3 has antecedent of four cases and allegation is of recovery of 45 litres of liquor from a place near Mokama bridge along with 2500 litres Jawa Mahua which was destroyed.

Patna High Court CR. MISC. No.52610 of 2025(5) dt.18-12-2025 2/3 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged recovery is from a place which does not belongs to the petitioners and is accessible to public at large. It is next submitted that they came to be implicated at the instance of local people. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 30,000/- (Rupees Thirty Thousand) each 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 Excise P.S. Case No. 914 of 2024 subject to the conditions as

Patna High Court CR. MISC. No.52610 of 2025(5) dt.18-12-2025 3/3 laid down under Section Section 482(2) of the BNSS. 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more than two cases, petitioner No. 2 has antecedent of more than six cases and petitioner no. 3 has antecedent of more than four cases then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of two cases, petitioner No. 2 has antecedent of six cases and petitioner no. 3 has antecedent of four cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T