Patna High Court
Rajesh Nut @ BulletversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Rajesh Nut, applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly manufacturing and selling illicit country-made liquor. The police recovered 40 litres of illicit liquor and the petitioner allegedly fled the scene. The petitioner claimed innocence, arguing that the liquor was recovered from an open public space and that the accusation was based solely on a local chowkidar's information. The prosecution opposed bail, highlighting that the petitioner has eight prior convictions for similar offences, portraying him as a habitual offender. Considering the petitioner’s criminal antecedents and the nature of the offence, the court declined to grant anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 who has multiple prior convictions for similar offences.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- illicit liquor
- habitual offender
- Section 30(a)
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18627 of 2026
Arising Out of PS. Case No.-798 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Rajesh Nut @ Bullet Son of Dinesh Nut @ Dineshwar Nut Resident of
Bajitbhoraha, P.S.- Marhowrah, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
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 Madhaurah Police Station Case No. 798 of 2025, dated
03.12.2025, disclosing offences under Section 30(a) of
the Bihar Prohibition and Excise Amendment Act, 2022.
3. The prosecution case, as per the first information report,
is that the police, after receiving secret information that
the petitioner, along with others, is manufacturing and
selling illicit country-made liquor at Talpuraina Chawar,
reached the place of occurrence and on seeing the police,
the persons present there succeeded in fleeing away.
Upon search, the police recovered 40 litres of illicit
country-made liquor.
Patna High Court CR. MISC. No.18627 of 2026(2) dt.08-04-2026
2/2
4. Learned Counsel for the petitioner submits that petitioner
is innocent and has been falsely implicated in this case
only on the basis of the disclosure made by local
chowkidar. He further submits that the alleged recovery
of liquor has been made from the Chawar, which is an
open space and is accessible to all.
5. On the other hand, learned Additional Public Prosecutor
vehemently opposes the prayer for anticipatory bail and
submits that petitioner is having eight criminal
antecedents of similar nature of offence.
6. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that the
petitioner is having eight criminal antecedents of similar
nature of offence and the petitioner appears to be a
habitual offender, I am not inclined to grant the petitioner
privilege of anticipatory bail.
7. This application is, accordingly, dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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