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Patna High Court

Guli Nut @ Gulli NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions.

Summary

The petitioner, Guli Nut, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 37.4 litres of illicit liquor. No incriminating material was found in his possession and he asserted that he was named merely on suspicion, citing a clean antecedent. The State opposed his anticipatory bail application. The court considered the nature of the accusation, the circumstances of the recovery, and the petitioner's clean record, and consequently granted anticipatory bail. The order directed that, if arrested within eight weeks, the petitioner could be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the accused has no material recovered from his possession and is implicated solely on suspicion?

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41321 of 2026
                          Arising Out of PS. Case No.-68 Year-2026 Thana- Nagara District- Saran
                 ======================================================
                 Guli Nut @ Gulli Nut S/O Late Krack Nut R/O village - Nagar Nut Tola, P. S
                 - Nagar , District - Saran at Chapra

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-07-2026                      Heard learned counsel for the petitioner and the

                   State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 37.4 litres illicit liquor was

                   recovered from an open place.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from the conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   merely on suspicion. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State opposed the bail

                   application.
           Patna High Court CR. MISC. No.41321 of 2026(2) dt.06-07-2026
                                                       2/2




                                  6. Considering nature of accusation, place of recovery

                     and clean antecedent, this anticipatory bail is allowed and it is

                     ordered that let the above named petitioner in the event of his

                     arrest/surrender before the court below within a period of eight

                     weeks from today, be enlarged on bail on furnishing bail-bond

                     of Rs. 10,000/- (ten thousand) with two sureties of the like

                     amount each to the satisfaction of Exclusive Special Excise

                     Court No. 03, Saran at Chapra in connection with Nagra P. S.

                     Case No. 68 of 2026, subject to condition as laid down under

                     Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                           (Prabhat Kumar Singh, J)
Navya/Sanjay-

U      T


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