Patna High Court
Pilli Nat @ Jagdish NatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedent.
Summary
The petitioner, Pilli Nat, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 17 litres of liquor from a bush adjacent to his house. He argued that he was not arrested at the spot, no liquor was found in his possession, and the complaint originated from a hostile chawkidar, raising doubts about the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of the petitioner’s criminal antecedent. If more than one prior case is found, the bail may not be confirmed; if only one prior case, the bail will be confirmed. The order is subject to compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Substance (B.N.S.S.) Act.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the absence of possession and the role of the chawkidar affect the grant of anticipatory bail.
- Whether the petitioner’s criminal antecedent influences the confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (B.N.S.S.) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- possession
- chawkidar
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36979 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- AMNAUR District- Saran
======================================================
Pilli Nat @ Jagdish Nat S/O Sudhan Nat R/O Village - Kaituka Lachchhi Nat
Toli, P.S - Amnaur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 17 litres of liquor from a bush near
the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house and he came to be implicated at
the instance of the Chawkidar with whom he is on an inimical
Patna High Court CR. MISC. No.36979 of 2026(2) dt.16-06-2026
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term. It is further submitted that if the Chawkidar was aware of
the involvement of the petitioner in the occurrence then why he
did not inform the police prior to the institution of the instant
FIR which casts an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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.5,000/- (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 Amnaur P.S. Case
No. 108 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.36979 of 2026(2) dt.16-06-2026
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shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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