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Patna High Court

Suresh NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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