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Patna High Court

Anil NatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioners subject to conditions and verification of their criminal antecedents.

Summary

The petitioners, Anil Nat and his wife Sugan Devi, applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 190 litres of liquor from a location adjacent to their house. The petitioners contended that the liquor was not in their conscious possession, the premises did not belong to them, and they were implicated on the basis of a complaint by a hostile chowkidar, with the petitioner having four prior excise cases and the wife having a clean record. The State opposed the bail, arguing the seriousness of the offence. Justice Satyavrat Verma, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 each, two sureties, and a deposit of Rs.5,000 with the Lawyers’ Association, while directing the trial court to verify the petitioners’ criminal antecedents. The order stipulated that if the petitioner’s antecedent exceeds four cases, the bail would not be confirmed, but if the antecedent remains as stated, the provisional bail would be confirmed. The decision was made under the inherent powers of the High Court under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act
  • Whether the alleged facts and the petitioners’ criminal antecedents justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • high court inherent powers
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5318 of 2026
                        Arising Out of PS. Case No.-808 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
           1.     Anil Nat Son of Fulena Nat Resident of village- Maikee, Kotwa, Ps- Garkha,
                  Dist- Saran
           2.    Sugan Devi wife of Anil Nat Resident of village- Maikee, Kotwa, Ps-
                 Garkha, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Shweta Anand
                 For the Opposite Party/s :       Ms.Meena Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of four cases under the Excise

                   Act and petitioner 2 is a person with clean antecedent and is a

                   woman and allegation is of recovery of 190 litres of liquor from

                   a place behind the house of the petitioners.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.5318 of 2026(2) dt.02-02-2026
                                            2/3




          recovered from their conscious possession and even the alleged

          recovery is from a place which does not belong to the

          petitioners, but then is adjacent to their house and they came to

          be implicated at the instance of Chowkidar with whom

          petitioner no. 1 is on an inimical term. 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 petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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.

          20,000/- (Rupees Twenty Thousand) each 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

          Garkha P.S. Case No. 808 of 2025 subject to the conditions as

          laid down under Section Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the
              Patna High Court CR. MISC. No.5318 of 2026(2) dt.02-02-2026
                                                          3/3




                        event if it is found that petitioner no. 1 has antecedent of more

                        than four cases and petitioner 2 has antecedent of even one case

                        then it would be presumed that petitioners, for the purposes of

                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioner no. 1 has antecedent of four cases and

                        petitioner 2 is a person with clean antecedent in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioners

                        based on instruction submits that petitioners undertake to deposit

                        an amount of Rs. 5,000/- with Lawyers’ Association, Patna High

                        Court within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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