Patna High Court
Sanjay Nut @ Sanjay NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted where the FIR does not disclose a prima facie case under the Bihar Prohibition and Excise Act, notwithstanding the bar in Section 76(2).
Summary
The petitioner, Sanjay Nut, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after police, acting on secret information, seized 15 litres of illicit liquor near his residence and lodged an FIR. The petitioner argued that nothing was recovered from his conscious possession and that his antecedent history alone led to the accusation. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, the petitioner contended that anticipatory bail could be granted despite the bar in Section 76(2) if the FIR does not establish an offence. The State opposed, emphasizing the proximity of the seizure to the petitioner’s house. The Court, after considering the precedent and the lack of direct possession, granted anticipatory bail subject to stringent conditions including sureties, regular appearances before police and the trial court, and non‑interference with witnesses.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when the FIR does not disclose a prima facie offence?
- Does the absence of seizure from the petitioner’s conscious possession justify the grant of anticipatory bail?
- Whether the petitioner is likely to tamper with evidence or abscond, warranting bail conditions.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- seizure of illicit liquor
- criminal antecedent
- bail conditions
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20809 of 2026
Arising Out of PS. Case No.-281 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Sanjay Nut @ Sanjay Nat S/o- Raja Nut Resident of Village-Musepur Nut
Toli, P.S-Doriganj, Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Doriganj P.S. Case No. 281 of 2025 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police on secret
information, raided near the house of the petitioner and there is
recovery/seizure of 15 liters of country-made liquor. This led
to the FIR.
4. Learned counsel for the petitioner submits that
only because of his criminal antecedent, the locals gave his
name and nothing has been recovered from his conscious
possession.
Patna High Court CR. MISC. No.20809 of 2026(2) dt.08-04-2026
2/4
5. Further, learned counsel for the petitioner relied
on the judgment of the Full Bench of Hon’ble Patna High
Court in the case of Ram Vinay Yadav vs. State of Bihar
reported in 2019 (2) PLJR 1089 wherein it has been held that
an application for anticipatory bail in a case arising out of
Bihar Excise and Prohibition Act can be maintained, despite
the bar under Section 76(2) of the Act, if on the basis of
allegation made in the FIR, no offence under the said provision
is made out.
6. Learned APP, Mr. Bharat Bhushan opposes the
prayer submitting that recovery is from near the house of the
petitioner.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession and an undertaking has been given that he shall be
diligently appearing in trial, in that background, this Court is
inclined to extend him the privilege of anticipatory bail with
conditions.
8. Let the petitioner be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.20809 of 2026(2) dt.08-04-2026
3/4
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 03,
Saran at Chapra in connection with Doriganj P.S. Case No.
281 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall
be submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.20809 of 2026(2) dt.08-04-2026
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cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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