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Patna High Court

Nunu Lal Bind @ Nunu Lal MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents.

Summary

The petitioner, Nunu Lal Bind, feared arrest in a case (PS Case No.484/2025) alleging possession of 100 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he had no conscious possession of the liquor, the alleged recovery site was a public place, and he possessed a clean criminal record. The State opposed his application for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, subject to verification of the petitioner’s antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure given the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and his claim of clean antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail bond
  • surety
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30844 of 2026
                       Arising Out of PS. Case No.-484 Year-2025 Thana- MOKAMAH District- Patna
                 ======================================================
                 Nunu Lal Bind @ Nunu Lal Mahto S/O Sri Jai Ram Bind Resident of Vill.-
                 Sultanpur Kanhaipur, Ward no- 01, P.S- Mokama, Dist- Patna
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Manglam
                 For the Opposite Party/s :       Mr. Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 100 litres of liquor from Sultanpur Barahpur Diyara.

                   It is next submitted that petitioner was not arrested 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 public at large and

                   he came to be implicated based on secret information which is

                   the easiest way to implicate someone without holding a proper

                   investigation, when petitioner admittedly is a person with clean

                   antecedent.
           Patna High Court CR. MISC. No.30844 of 2026(2) dt.07-05-2026
                                                       2/2




                                  4. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  5. Considering the submissions made by the learned

                     counsel for the petitioner, 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.500/- (Rupees five hundred) 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 Mokama P.S. Case No.484/2025, subject to the

                     conditions as laid down under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of even one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification it is found that petitioner is a person with clean

                     antecedent, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.

                                                                (Satyavrat Verma, J)
amit/-
U      T


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