Created by Fuzzy Cloud

Patna High Court

Tabla Nut @ Raghvendra NatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to conditions and verification of antecedents, and may be confirmed or revoked based on the number of prior cases.

Summary

The petitioner, Tabla Nut @ Raghvendra Nat, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 105 litres of liquor from a village area not owned by him. He argued that he was not apprehended at the spot, no liquor was found in his possession, and the police had mechanically implicated him without proper investigation. The State opposed the bail, contending the seriousness of the offence. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties, subject to verification of his criminal antecedents. The court warned that if the petitioner is found to have more than one prior case, the bail would not be confirmed; if only one prior case, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the absence of seizure from the petitioner’s possession and the location of alleged recovery affect the grant of anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent influences the confirmation of anticipatory bail.

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNSS
  • high court
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28383 of 2026
                     Arising Out of PS. Case No.-182 Year-2026 Thana- MADHAURAH District- Saran
                 ======================================================
                 Tabla Nut @ Raghvendra Nat S/o Amarendra 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

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 105 liters of liquor from village

                   Pakahan Nut Toli.

                                    6. 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 is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.28383 of 2026(2) dt.29-04-2026
                                            2/3




          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.

          5000/- (Rupees 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 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

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.28383 of 2026(2) dt.29-04-2026
                                                        3/3




                      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 one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.