Nanhak Yadav @ Nank Yadav @ Nanhku Yadav v. The State Of Bihar
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 ====================================================== NANHAK YADAV @ NANK YADAV @ NANHKU YADAV S/O DEO SHARAN YADAV @ DURGA YADAV R/O Village- Dali Bigha, P.SChakand, 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 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 2/3 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 3/3 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