Patna High Court
Suresh NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, subject to specified conditions, under Section 482(2) of the BNSS.
Summary
The petitioner, Suresh Nut, sought anticipatory bail after a police case (Amnaur PS Case No. 70 of 2026) was registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 22 litres of illicit liquor. He claimed innocence, clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and the petitioner's submission, allowed the anticipatory bail application, directing the petitioner to furnish bail bonds of Rs.10,000 with two sureties, deposit Rs.25,000 with Ramakrishna Mission Ashrama, attend the police station every Sunday, and verify his clean antecedent before acceptance of the bonds. The order was made subject to conditions under Section 482(2) of the BNSS and clarified that the observations were prima facie and not on the merits of the case.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed (deposit of money, regular police attendance, verification of antecedent) are permissible under Section 482(2) of the BNSS.
- Whether the petitioner’s claim of innocence and clean antecedent justifies the grant of anticipatory bail despite recovery of illicit liquor.
Legislation cited
- Bihar Negotiable Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37211 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- AMNAUR District- Saran
======================================================
Suresh Nut S/o Budhan Nut R/o Village - Salakhua, P.S - Amanaur, District -
Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Amnaur P.S. Case No. 70 of 2026 registered for offences under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 22 liters of illicit liquor from
the spot. It is alleged that the recovered liquor belongs to the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
case. He further submits that the petitioner is ready to donate
Rs. 25,000/- (Rupees Twenty Five Thousand Only) in some
charitable organization without accepting his guilt. The
petitioner bears clean antecedent.
Patna High Court CR. MISC. No.37211 of 2026(2) dt.15-06-2026
2/3
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties
of the like amount each to the satisfaction of learned concerned
Court below in connection with Amnaur@ Amnour P.S. Case
No. 70 of 2026 subject to the conditions as laid down under
Section 482(2) of the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Ashrama, Latu Maharaj Path, Opp. Circuit
House, Chapra, Bihar and produce the
receipt of the same before the Court below.
The bail bonds of the petitioner shall be
accepted after verifying the genuineness of
the receipt produced by the petitioner.
(ii). The petitioner is directed to
mark his attendance in Amnaur Police
Station on every Sunday of each month.
Patna High Court CR. MISC. No.37211 of 2026(2) dt.15-06-2026
3/3
Failure to do so, will result in cancellation
of bail bond of the petitioner.
(iii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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