Patna High Court

Jelar NutversusThe State of Bihar

Decided: 26 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Jelar Nut, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 48 litres of liquor from a bush adjacent to his house. He contended that he has a clean antecedent, was not caught in possession, and that the allegation stemmed from a hostile watchman (chowkidar) rather than any personal involvement. The petitioner sought anticipatory bail, arguing that the watchman’s animosity and lack of direct evidence should preclude arrest. The State opposed the bail, maintaining that the offence warranted detention. The Court granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties and directed the trial court to verify the petitioner’s antecedent, confirming the bail only if no prior cases are found.

Issues considered

Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
Whether the involvement of a hostile watchman affects the merits of granting bail.

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
clean antecedent
provisional bail
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19330 of 2026
                      Arising Out of PS. Case No.-27 Year-2026 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Jelar Nut Son of Yogendra Nut R/o Village - Purshotampur, P. S - Janta Bazar,
                 District - Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 48 liters of liquor from a bush near the house of the

                   petitioner.

                                 4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner,

                   but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.19330 of 2026(2) dt.26-03-2026
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          the instance of Chowkidar with whom he is on an inimical term.

          It is next submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his 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.

          500/- (Rupees Five Hundred) 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 Janta

          Bazar P.S. Case No. 27 of 2026 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 petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.19330 of 2026(2) dt.26-03-2026
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                      confirmed, but after verification if it is found that petitioner is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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