Patna High Court
Rudal Nut @ Rudal NatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Rudal Nut, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 210 litres of liquor and destruction of 150 litres of semi‑prepared liquor near his house. He argued that no liquor was found in his possession, the alleged recovery site did not belong to him, and the FIR was based on undisclosed secret information, casting doubt on the prosecution's case. The State opposed the bail, citing the petitioner’s antecedent of six prior cases, five of which were under the Excise Act. The Court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs.30,000 bail bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. It further held that if more than six prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband was not recovered from the accused's possession.
- Whether the petitioner’s prior criminal antecedent of six cases, including five under the Excise Act, precludes the grant of anticipatory bail.
- Whether the FIR based on undisclosed secret information is sufficient to justify denial of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- CrPC Section 482
- criminal antecedent
- secret information
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37476 of 2026
Arising Out of PS. Case No.-339 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Rudal Nut @ Rudal Nat S/o Late Lulha Nut R/o vill - Musepur, P.S.-
Doriganj, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shweta Anand
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of six cases out of which five cases are
under the Excise Act and allegation is of recovery of 210 litres
of liquor from a pond near the house of the petitioner and 150
litres of semi-prepared liquor was destroyed.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.37476 of 2026(2) dt.29-06-2026
2/3
but then is adjacent to his house and he came to be implicated at
the instance of local people, but then the name of the person,
who disclosed the name of the petitioner, is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on secret
information. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
30,000/- (Rupees Thirty 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 Doriganj
P.S. Case No. 339 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.37476 of 2026(2) dt.29-06-2026
3/3
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than six case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of six
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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