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Patna High Court

DEEPAK NUTTversusTHE STATE OF BIHAR

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

The petitioner, Deepak Nutt, was implicated in a case involving the alleged recovery of 24 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, claiming innocence and asserting he was not present at the scene. The State opposed the bail, highlighting that the petitioner already has a pending excise case and is on bail, indicating a non‑clean criminal antecedent. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, noting the circumstances and prior case. However, the Court directed the trial court to entertain a regular bail application if the petitioner surrenders within six weeks, allowing the trial court to decide on merit without prejudice to the present order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence and his prior pending case.
  • Whether the petitioner’s existing criminal antecedent precludes the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise
  • illicit liquor
  • criminal antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15882 of 2026
                    Arising Out of PS. Case No.-182 Year-2025 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Deepak Nutt S/O Sonelal Nutt @ Sonelal Nat R/O Vill.- Rampur, P.S.-
                 Sidhwaliya, Dist.- Gopalganj.

                                                                                  ... ... Petitioner/S
                                                       Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Priya Raj, Adv.
                 For the Opposite Party/s :       Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                      Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Sidhawaliya P.S. Case No.182 of 2025, for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022 pending before the Court of

                   Addl. Sessions Judge-XIII -cum- Special Judge Excise Court

                   No.1, Gopalganj.

                                3. As per the prosecution, the total recovery of 24

                   litres of illicit liquor have alleged to be made, which is the

                   subject matter of the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that petitioner was not present on the place of
           Patna High Court CR. MISC. No.15882 of 2026(2) dt.25-03-2026
                                                       2/2




                     occurrence and his name has been transpired only on suspicion.

                     The said recovery has not been made in conscious possession of

                     the petitioner. He further submits that criminal antecedent of the

                     petitioner is not clean as there is one criminal case (relating to

                     excise matter) pending against him, in which he is on bail.

                                  5. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that criminal antecedent of the

                     petitioner is not clean as there is one criminal case (relating to

                     excise matter) pending against him and this aspect must be

                     taken into consideration.

                                  6. In the present facts and circumstances, this Court is

                     not inclined to grant bail to the petitioner. Accordingly, the

                     prayer for anticipatory bail of the petitioner is hereby rejected.

                                  7. However, trial court is directed to consider the

                     regular bail application of the petitioner, if he surrenders within

                     6 weeks from today and prays for regular bail, then trial court

                     shall pass order on merit without being prejudice of the present

                     order.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T


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