Patna High Court
Anil NatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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
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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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