Patna High Court
Sanjay Nut @ Sanjay NatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Sanjay Nut, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 105 litres of liquor. He sought to correct a pleading error, claiming his criminal antecedent comprises six prior excise cases rather than five as originally stated. The court allowed the amendment and, after hearing the State’s opposition, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.30,000 with two sureties and that the trial court verify his antecedent. The order stipulated that if the verification reveals more than six prior cases, the bail would not be confirmed; if exactly six cases are found, the provisional bail would be confirmed. The decision hinged on the applicability of Section 482(2) of the Bihar Non‑Statutory (BNSS) to prevent undue arrest pending trial.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged criminal antecedent of six cases versus five affects the grant of anticipatory bail.
- Whether the recovery of liquor from a location not owned by the petitioner negates the basis for arrest.
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28301 of 2026
Arising Out of PS. Case No.-182 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Sanjay Nut @ Sanjay Nat S/o Krishna Nut R/o Village - Pakahan Nut Toli,
P.S - Marhowrah, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh
For the Opposite Party/s : Mr. Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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
inadvertently at Para-3 it has been pleaded that petitioner has
antecedent of five cases when he has antecedent of six cases
under the Excise Act, thus, seeks permission to make the said
rectification at Para-3 of the anticipatory bail application.
4. Permission is accorded.
5. It is next submitted that allegation is of recovery of
105 liters of liquor from village Pakahan Nut Toli.
6. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.28301 of 2026(2) dt.29-04-2026
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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 is accessible to villagers at large and he came to be
implicated at the instance of Chowkidar, but then it is submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
7. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
8. 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.
30000/- (Rupees Thirty 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 P.S. Case No. 182 of 2026 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
9. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.28301 of 2026(2) dt.29-04-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than six 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 shall not be confirmed, but after
verification if it is found that petitioner has antecedent of six
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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