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Patna High Court

Anil Nut @ Anil Kumar Nat @ Anil Kumar NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.18554 of 2026(2) dt.08-04-2026
                                            2/3




                            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
            Patna High Court CR. MISC. No.18554 of 2026(2) dt.08-04-2026
                                                        3/3




                                       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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