Patna High Court
Govinda NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioners' criminal antecedents, with confirmation contingent on the accuracy of their disclosed records.
Summary
The petitioners, four individuals from Musepur Nut Toli, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of large quantities of liquor and semi‑fermented liquor. They argued that they were not caught in possession, the seized liquor was from locations unrelated to them, and the FIR lacked the informant’s name, suggesting a weak prosecution case. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs.15,000 each with two sureties, and directed the trial court to verify their criminal antecedents within six weeks. If any petitioner is found to have concealed additional prior cases beyond what was declared, the provisional bail will not be confirmed for that individual; otherwise, the bail will be confirmed. The order was made under Section 482(2) of the BNSS, emphasizing the need for proper verification before confirming bail.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of possession and absence of the informant’s name in the FIR justify granting bail.
- Whether the trial court should verify the criminal antecedents of the petitioners before confirming bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- criminal antecedent
- provisional bail
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15923 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- DORIGANJ District- Saran
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1. Govinda Nut S/o Mogal Nut R/o Village - Musepur Nut Toli,P.S - Doriganj,
District - Saran at Chapra
2. Kallu Nut @ Kallu Nat @ Kallutha Nut @ Kalluatha Nut S/o Lallan Nut R/o
Village - Musepur Nut Toli,P.S - Doriganj, District - Saran at Chapra
3. Chotan Nut S/o Parsuram Nut R/o Village - Musepur Nut Toli,P.S -
Doriganj, District - Saran at Chapra
4. Tetari Devi W/o Nanhak Nut @ Byas Nut R/o Village - Musepur Nut Toli,
P.S - Doriganj, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-04-2026 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
petitioner no. 1 has antecedent of one case under the Excise Act,
petitioner no. 3 has antecedent of two cases under the Excise
Act, petitioner no. 4 has antecedent of three cases under the
Excise Act and petitioner no. 2 is a person with clean antecedent
Patna High Court CR. MISC. No.15923 of 2026(3) dt.06-04-2026
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and petitioner no. 4 is a woman. It is next submitted that
allegation is of recovery of 100 liters of liquor along with 100
liters of semi fermented liquor from a place near a pond and 10
liters of liquor along with 115 liters of semi fermented liquor
from a place near the hose of Lala Chaudhary.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and petitioners have no concern or relation with Lala
Chaudhary 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 they have not
been implicated based on secret information. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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
Patna High Court CR. MISC. No.15923 of 2026(3) dt.06-04-2026
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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.
15000/- (Rupees Fifteen Thousand) 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 Doriganj P.S. Case No. 360 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 in the
event if it is found that petitioner no. 1 has antecedent of more
than one case, petitioner no. 2 has antecedent of even one case,
petitioner no. 3 has antecedent of more than two cases and
petitioner no. 4 has antecedent of more than three cases 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 with respect to that petitioner who had concealed his
antecedent but after verification if it is found that petitioner no. 1
has antecedent of one case only, petitioner no. 2 is a person with
clean antecedent, petitioner no. 3 has antecedent of two cases only
and petitioner no. 4 has antecedent of three cases only in that event
Patna High Court CR. MISC. No.15923 of 2026(3) dt.06-04-2026
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the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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