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Patna High Court

Anu NutversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petition for anticipatory bail was rejected.

Summary

The petitioner, Anu Nut, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 20 litres of country-made liquor. He contended that he was innocent, that no incriminating material was found in his conscious possession, and that he had been falsely implicated. The State argued that the petitioner had four prior criminal convictions, three of which were of a similar nature, and therefore posed a risk of tampering with evidence or influencing witnesses. The Court examined the relevance of the petitioner’s antecedents in deciding the grant of anticipatory bail. Considering the seriousness of the prior offences and the nature of the current allegation, the Court rejected the petition for anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • What is the appropriate decision on the petition for anticipatory bail in light of the petitioner’s prior criminal antecedents and the alleged offence under the Bihar Prohibition and Excise Act?

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30088 of 2026
                     Arising Out of PS. Case No.-159 Year-2026 Thana- MADHAURAH District- Saran
                 ======================================================
                 Anu Nut S/o Daharu Nut R/o Village - Bajit Bhoraha, P.S. - Marhowrah,
                 District - Saran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hemant Kumar , Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-05-2026                          Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30 (a) of the Bihar

                   Prohibition and Excise Act.

                                3 . Prosecution case is that 20 liters of country made

                   liquor was recovered from the spot.

                                4. It is submitted that the petitioner is innocent and

                   has falsely been implicated in this case. No incriminating

                   material has been recovered from the conscious possession of

                   the petitioner.

                                5. Learned counsel for the State submits that

                   petitioner has got 4 criminal antecedents out of which 3 are of

                   similar nature .
            Patna High Court CR. MISC. No.30088 of 2026(2) dt.11-05-2026
                                                        2/2




                                    6. Considering the fact that petitioner has got   4

                      criminal antecedents out of which 3 are of similar nature, prayer

                      for anticipatory bail is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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