Patna High Court
Rajesh Nut @ Bullet @ Bullet NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond and verification of antecedents.
Summary
Petitioner Rajesh Nut was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 400 litres of liquor from a motorcycle. He claimed he was not in possession of the vehicle and that the complaint originated from a chowkidar, questioning the police investigation. The petitioner, who has six prior criminal cases, applied for anticipatory bail. The High Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and subject to verification of his antecedents. The court stipulated that if verification reveals more than six prior cases, the bail will not be confirmed; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- provisional bail
- criminal antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1152 of 2026
Arising Out of PS. Case No.-721 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Rajesh Nut @ Bullet @ Bullet Nut S/O Dinesh Nut @ Dineshwar Nut R/O
Village- Bajitbhoraha, P.S - Marhowrah, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of six cases and allegation is of
recovery of 400 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and is not
the owner of the seized vehicle and came to be implicated at the
instance of Chowkidar but then it is submitted that if Chowkidar
was aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to institution of the
Patna High Court CR. MISC. No.1152 of 2026(2) dt.20-01-2026
2/3
instant FIR, which casts an aspersion on the case of the
prosecution. It is also 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.30,000/- (Rupees Thirty Thousand) with two sureties
of the like amount each to the satisfaction of learned Court of 2nd
Exclusive Special Judge Excise Judge, Saran at Chapra in
connection with Marhowrah P.S. Case No.721 of 2025, subject
to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.1152 of 2026(2) dt.20-01-2026
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found that petitioner has antecedents of more than six cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only six cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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