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Patna High Court

Amar Nut @ Amar NatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to verification of the petitioner’s criminal antecedent, with confirmation contingent on the antecedent not exceeding five prior cases.

Summary

The petitioner, Amar Nut, sought anticipatory bail after learning of an FIR under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 105 litres of liquor from a location not belonging to him. He argued that he was not in possession of the liquor, that the complaint was instigated by a hostile chaukidar, and that the police had not conducted a proper investigation. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and that the trial court verify his criminal antecedent. The order stipulated that if the verification shows more than five prior cases, the bail would not be confirmed; if only five, the bail would be confirmed. Thus, the petitioner was released provisionally pending verification of his antecedent.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior five cases under the Excise Act affect the grant of anticipatory bail.
  • Whether the alleged recovery of liquor from a place not in the petitioner’s possession justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27866 of 2026
                     Arising Out of PS. Case No.-182 Year-2026 Thana- MADHAURAH District- Saran
                 ======================================================
                 Amar Nut @ Amar Nat s/o Late Chhathu Nut R/o vill - Pakahan Nut Toli,
                 P.S.- Marhowrah, Distt.- Saran at Chapra
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :      Mr. Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   29-06-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Rabindra Kumar, learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 105 litres of liquor from Pakahan

                   Nut Toli.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

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

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.27866 of 2026(3) dt.29-06-2026
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          Chawkidar with whom he is on an inimical term. It is next

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant FIR which casts

          an aspersion on the case of the prosecution. It is also submitted

          that once an accused is implicated in a case relating to excise the

          police start implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender within a

          period of six weeks from today, be released on provisional

          anticipatory bail on furnishing bail bonds of Rs.25,000/-

          (Rupees Twenty-five 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

          Marhowrah (Marhowrah) P.S. Case No. 182 of 2026, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.
           Patna High Court CR. MISC. No.27866 of 2026(3) dt.29-06-2026
                                                       3/3




                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than five

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only five cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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