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Patna High Court

Rajesh NutversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners subject to verification of their antecedent and compliance with the conditions imposed.

Summary

The petitioners, three brothers from Ketuka Lachchi, applied for anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of large quantities of liquor from locations not belonging to them. They argued they have clean antecedents and were implicated based on undisclosed information. The State opposed the bail. The Court, considering the clean record and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and ordered verification of their antecedents within six weeks. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioners have a clean criminal antecedent sufficient to justify bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • clean antecedent
  • provisional bail
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13178 of 2026
                        Arising Out of PS. Case No.-369 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
           1.     Rajesh Nut S/O Chandan Nut R/O Vill.- Ketuka Lachchi, P.S.- Amnour,
                  Dist.- Saran
           2.    Kishun Nut S/O Sudhan Nut R/O Vill.- Ketuka Lachchi, P.S.- Amnour,
                 Dist.- Saran
           3.    Jagdish Nut S/O Sudhan Nut R/O Vill.- Ketuka Lachchi, P.S.- Amnour,
                 Dist.- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 60 liters of liquor from a Banana orchard and 42

                   liters of liquor from a bush near the house of Harendra Rai.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.13178 of 2026(2) dt.10-03-2026
                                            2/3




          was recovered from their conscious possession and even alleged

          recovery is from a place which does not belong to the

          petitioners and they came to be implicated at the instance of

          local person, but then the name of the person who disclosed the

          name of the petitioners is not disclosed in the FIR which casts

          an aspersion on the case of the prosecution, when petitioners

          admittedly are persons with clean antecedent and have not been

          implicated based on secret information.

                       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.

          500/- (Rupees Five Hundred) 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 Amnaur

          P.S. Case No. 369 of 2025 subject to the conditions as laid down

          under 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
            Patna High Court CR. MISC. No.13178 of 2026(2) dt.10-03-2026
                                                        3/3




                      in the event if it is found that any of the petitioners have

                      antecedent of even one case 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, but

                      after verification if it is found that petitioners are persons with

                      clean antecedent in that event the provisional anticipatory bail

                      order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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