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Patna High Court

Rajesh Nut @ BulletversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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