Patna High Court
Guli Nut @ Gulli NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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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