Patna High Court
Kali Nut @ Kali NatversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s prior similar criminal antecedents warranted refusal of bail.
Summary
The petitioner, Kali Nut, was apprehended for alleged possession of 20 litres of country‑made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case was based solely on the recovery of the liquor from the spot, with no incriminating material found in the petitioner’s conscious possession. The petitioner’s counsel argued that the charge was purely suspicion‑based and sought anticipatory bail. The State opposed, highlighting eight prior criminal convictions, three of which were similar offences involving liquor. The court, after considering the petitioner’s criminal antecedents of a similar nature, refused the prayer for anticipatory bail, concluding that the seriousness and repeat nature of the offences warranted denial of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s prior criminal antecedents, especially similar offences, justify refusal of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- criminal antecedents
- Bihar Prohibition and Excise Act
- liquor offence
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31353 of 2026
Arising Out of PS. Case No.-159 Year-2026 Thana- MADHAURAH District- Saran
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Kali Nut @ Kali Nat S/o Saral Nut @ Saral Nat @ Biler Nut @ Bilar Nut R/o
Village - BajitBhoraha, P.S. - Marhowrah, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Md. Nazir Ansari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 25-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Marhowrah P. S.
Case No. 159 of 2026 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 20 liters country made
liquor was recovered from the spot.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. He has been made accused in this
case only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that petitioner has got eight criminal
antecedents out of which three are of similar nature.
6. Considering the criminal antecedents of similar
Patna High Court CR. MISC. No.31353 of 2026(3) dt.25-06-2026
2/2
nature, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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