Patna High Court

Mana Nut @ Munna NutversusThe State of Bihar

Decided: 12 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

Mana Nut, a resident of Dewpura, Saran, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of ten litres of liquor from a location adjacent to his house. He was not arrested at the spot and the liquor was not found in his possession. The petitioner, claiming a clean antecedent, argued that the accusation stemmed from a dispute with a chowkidar who failed to inform the police earlier. He sought anticipatory bail, which the State opposed. The Court granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of his criminal antecedent under Section 482(2) of the BNSS, with confirmation of bail if no prior cases are found.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the circumstances of the alleged offence under Section 30(a) of the Bihar Excise Act
Whether the petitioner’s clean antecedent warrants provisional anticipatory bail pending verification

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
bail bond
surety
Bihar Excise Act
Section 30
clean antecedent
Section 482(2) BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13658 of 2026
                       Arising Out of PS. Case No.-209 Year-2025 Thana- RASULPUR District- Saran
                 ======================================================
                 Mana Nut @ Munna Nut Son of Jabbar Nut Resident of Village - Dewpura,
                 Police Station - Rasulpur, District - Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sachida Nand Rai
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026               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.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10 litres of liquor from a place near the house of the

                   petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.13658 of 2026(2) dt.12-03-2026
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          the instance of Chowkidar with whom he is on an inimical term.

          It is further submitted that if the Chowkidar was aware about the

          involvement of the petitioner in the occurrence, then why he did

          not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Rasulpur P.S. Case No. 209 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 petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          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 is a
              Patna High Court CR. MISC. No.13658 of 2026(2) dt.12-03-2026
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                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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