Patna High Court
Anil Nut @ Anil Kumar Nat @ Anil Kumar NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Anil Nut, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged illegal liquor trade. Police recovered 17.5 litres of illicit liquor from an open bypass area, not from the petitioner's possession or premises. The petitioner contended that he was accused merely on suspicion and that the liquor was found in a public space accessible to all. The court examined the circumstances and the lack of direct possession, and considered the provisions of Section 438(2) of the Code of Criminal Procedure. Finding insufficient basis to deny bail, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties if arrested within four weeks. The order was made subject to the conditions of Section 438 CrPC.
Issues considered
- Whether anticipatory bail should be granted when the alleged illicit liquor is recovered from a public open space and not from the accused's possession.
- Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 CrPC
- criminal procedure
- bail
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18554 of 2026
Arising Out of PS. Case No.-838 Year-2025 Thana- GARKHA District- Saran
======================================================
Anil Nut @ Anil Kumar Nat @ Anil Kumar Nut S/o Chhathi Lal Nat R/o vill
- Mithepur, P.S.- Garkha, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj
For the Opposite Party/s : Mr. Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail
arises out of Garkha Police Station Case No. 838
of 2025, dated 11.11.2025, disclosing offence
under Section 30(a) of the Bihar Prohibition and
Excise Act, 2022.
3. The prosecution case, as per the First Information
Report, is that on 11.11.2025 at about 06:10 P.M.,
during patrol, the police received secret
information that the petitioner was engaged in
illegal liquor trade at Nayka Bypass, Mithepur.
Upon the information, the police reached at the
place of occurrence, where a person, on seeing the
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police, abandoned a plastic bag and fled away.
Upon search, 17.5 litres of country made illicit
liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has not committed any offence in the
manner alleged. He next submits that the
petitioner has been made accused merely on
suspicion. He further submits that illicit liquor has
not been recovered from conscious possession of
the petitioner and/or premises belonging to him,
rather, illicit liquor has been recovered from near
Mithepur Nayka Bypass which is open space and
is accessible to all and sundry.
5. Regards being had to the submission made by the
parties and taking into consideration the fact that
illicit liquor has been recovered from near bypass
which is open space and is accessible to all and
sundry, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below
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within four weeks, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount
each to the satisfaction of the learned Additional
Sessions Judge -cum- Excluisve Special Court
Excise Act – I, Saran at Chapra, in connection
with Garkha Police Station Case No. 838 of 2025,
subject to the condition laid down under Section
438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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