Patna High Court
Rajesh NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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