Patna High Court
DEEPAK NUTTversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
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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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