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Patna High Court

Rajesh Nut @ Bullet @ Bullet NutversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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
                                                           3/3




                         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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