Patna High Court
Harendra NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent cases.
Summary
The petitioner, Harendra Nut, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 40 litres of liquor were allegedly recovered from a house not belonging to him and 50 litres from sacks. He argued that he was not caught in possession, the recovery was from a location unrelated to him, and the complaint was filed by a watchman (Chowkidar) with whom he has an inimical relationship, raising doubts about the prosecution's case. The State opposed the bail. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedents. If the petitioner is found to have more than three prior cases, the bail will not be confirmed; if he has three or fewer, the bail will be confirmed. The order is subject to Section 482(2) of the BNSS and pending verification by the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged lack of possession and the circumstances of the FIR warrant bail.
- Whether the petitioner’s criminal antecedent (three prior cases) affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- Section 482
- Bihar Excise Act
- criminal antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24837 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- MALAHI District- East Champaran
======================================================
Harendra Nut S/o- Nagina Nut Village- Belahi Sakhawa Nat PS- Malahi,
Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Roshan Kumar
For the Opposite Party/s : Ms. Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 has antecedent of three cases under the Excise Act and
allegation is of recovery of 40 liters of liquor from house of
Malti and 50 liters of from sacks.
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
and he has no concern or relation with Malti and he came to be
Patna High Court CR. MISC. No.24837 of 2026(2) dt.20-04-2026
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implicated at the instance of Chowkidar with whom he is on an
inimical term. It is also 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.
15000/- (Rupees Fifteen Thousand) 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 Malahi
P.S. Case No. 216 of 2025 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 more than
three cases 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
Patna High Court CR. MISC. No.24837 of 2026(2) dt.20-04-2026
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shall not be confirmed, but after verification if it is found that
petitioner has antecedent of three cases only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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