Patna High Court
Tabla Nut @ Raghvendra NatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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