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Patna High Court

Arun NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail, holding that procedural deficiencies and lack of direct possession warranted bail under Section 482(2) of the B.N.S.S.

Summary

Petitioners Arun and Chuchu sought anticipatory bail after the police registered a case (Dighwara PS No. 105 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 18 litres of illicit liquor recovered from an abandoned house. They contended that the house did not belong to them, their names were implicated solely on the basis of a chowkidar’s statement, they were not arrested at the scene, and no conscious possession could be established. The petitioners also argued that the procedural requirements of Section 103 of the B.N.S.S. were not complied with, and highlighted the clean record of petitioner 1. The State opposed the bail, asserting the seriousness of the offence. After considering the allegations and procedural lapses, the court granted anticipatory bail subject to a bail bond of Rs 10,000 and two sureties, imposing conditions under Section 482(2) of the B.N.S.S. The application was allowed.

Issues considered

  • What is the appropriate exercise of the court's inherent powers under Section 482(2) of the B.N.S.S. in granting anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act?
  • Whether the procedural requirements of Section 103 of the B.N.S.S. have been complied with, justifying denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • illicit liquor
  • procedural lapse
  • Section 30
  • Section 103
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34410 of 2026
                       Arising Out of PS. Case No.-105 Year-2026 Thana- DIGHWARA District- Saran
                 ======================================================
           1.     Arun Nat S/o Indal Nat Ro Village- Nat Tolly Shitalpur Basti Jalal, PS-
                  Dighwara, Distt- Saran
           2.     Chuchu Nat @ Chandeshwar Nat S/o Late Lakhan Nat Ro Village- Nat Tolly
                  Shitalpur Basti Jalal, PS- Dighwara, Distt- Saran
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in a

                   case in connection with Dighwara P.S. Case No. 105 of 2026

                   dated 08.03.2026 registered for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the allegation, 18 litres of illicit country-

                   made liquor has been recovered from an abandoned house.

                                4. Learned counsel for the petitioners has submitted

                   that the house does not belong to the petitioners and the name of

                   the petitioners have transpired in this case on the basis of

                   statement of the local chowkidar with whom the petitioners has

                   got enmity. It has further been submitted that petitioner was not

                   arrested at the spot and nothing has been recovered from the
           Patna High Court CR. MISC. No.34410 of 2026(2) dt.19-05-2026
                                                       2/2




                     conscious possession of the petitioner. It has further been

                     submitted that the procedure under Section 103 B.N.S.S. has not

                     been followed. It has lastly been submitted that petitioner No.1

                     has got no criminal antecedent and petitioner No.2 is accused in

                     one other case of similar nature.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for anticipatory bail of the petitioners.

                                  6. Heard the parties and perused the record.

                                  7. Considering the aforesaid facts and circumstances

                     of the case, let the above named petitioners, in the event of their

                     arrest/surrender within a period of six weeks from today, be

                     enlarged on anticipatory bail on furnishing bail-bond of Rs.

                     10,000/- (Rupees Ten thousand) each with two sureties of the

                     like amount each to the satisfaction of the learned court

                     concerned, Saran at Chapra in connection with Dighwara P.S.

                     Case No. 105 of 2026, subject to conditions as laid down under

                     section 482(2) of the B.N.S.S.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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