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Patna High Court

Sonu Nut @ Sonu NatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioners' criminal antecedents.

Summary

The petitioners, three residents of Bajit Bhoraha, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 120 litres of liquor and 2000 litres of Mahua pass. They contended that the alleged seizure was from a public place, that nothing was recovered from their conscious possession, and that the police had mechanically implicated them based on a chowkidar’s statement without proper investigation. The State opposed the bail, arguing the seriousness of the offences and the petitioners' extensive criminal antecedents. The Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs.45,000 with two sureties and directed verification of the petitioners' criminal records. It further held that if the verification shows more antecedent cases than claimed, the provisional bail would not be confirmed; otherwise, the bail would be confirmed forthwith.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under the Bihar Excise Act offences.
  • Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.
  • Whether the police investigation and the basis of the FIR are sufficient to deny bail.

Subjects

  • anticipatory bail
  • excise law
  • criminal antecedent
  • bail conditions
  • Bihar Excise Act
  • Section 482
  • police investigation
  • public place
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61999 of 2025
                     Arising Out of PS. Case No.-247 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
           1.     Sonu Nut @ Sonu Nat S/O Daharu Nut @ Dharu Nat R/O Village - Bajit
                  Bhoraha, P.S. - Marhowarah, District - Saran
           2.    Kali Nut @ Kali Nat S/O Saral Nat R/O Village - Bajit Bhoraha, P.S. -
                 Marhowarah, District - Saran
           3.     Bali Nut @ Bali Nat S/O Daharu Nut @ Daharu Nat R/O Village - Bajit
                  Bhoraha, P.S. - Marhowarah, District - Saran
                                                                       ... ... 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. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  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 Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of seven cases, petitioner no. 2

                   has antecedent of nine cases and petitioner no. 3 has antecedent

                   of eight cases, out of which 6, 6 and 5 cases are under the excise

                   cases respectively and allegation is of recovery of 120 liters of

                   liquor from Chanwar of village Bajitbhorha along with 2000

                   liters of Mahua pass which was destroyed.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.61999 of 2025(3) dt.06-01-2026
                                            2/3




          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and even alleged

          recovery is from a place which does not belong to the

          petitioners and is accessible to public at large. It is also

          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. It is

          further submitted that in the instant case, the petitioners came to

          be implicated at the instance of Chowkidar, but then it is

          submitted that if Chowkidar was aware of the involvement of

          the petitioners in the occurrence then why he did not inform the

          police prior to institution of the instant FIR which casts an

          aspersion on the case of the prosecution.

                       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.

          45,000/- (Rupees Forty Five Thousand) each with two sureties
            Patna High Court CR. MISC. No.61999 of 2025(3) dt.06-01-2026
                                                        3/3




                      of the like amount each to the satisfaction of the learned Trial

                      Court where the case is pending/successor court in connection

                      with Marhowrah P.S. Case No. 247 of 2025 subject to the

                      conditions as laid down under 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 event if it is found that petitioner no. 1 has antecedent of

                      more than seven cases, petitioner no. 2 has antecedent of more

                      than nine cases and petitioner no. 3 has antecedent of more than

                      eight cases 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, but after

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

                      seven cases only, petitioner no. 2 has antecedent of nine cases

                      only and petitioner no. 3 has antecedent of eight cases only, in

                      that event the provisional anticipatory bail order shall be

                      confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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