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Patna High Court

Krishna Nat @ Krishna NutversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, surrender within six weeks, and verification of his criminal antecedents.

Summary

The petitioner, Krishna Nat, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of large quantities of liquor and mahua from two motorcycles and a car. He contended that he was not arrested at the scene, had no conscious possession of the seized items, was not the owner of the vehicles, and was implicated only through a watchman with whom he has an inimical relationship. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to surrender within six weeks and verification of his criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would be revoked, otherwise it would be confirmed. Consequently, the application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for offences punishable under Section 30(a) of the Excise Act.
  • Whether the petitioner’s lack of possession and the circumstances of his implication affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6859 of 2026
                       Arising Out of PS. Case No.-459 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Krishna Nat @ Krishna Nut S/o Bakil Nat @ Wakil Nut R/o Village -
                 Kauhauli Manohar, P.S - Baniyapur, District - Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nalin Kumar
                 For the Opposite Party/s :       Ms.Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 50 litres of liquor along with

                   800 litres of mahua pass from a motorcycle and 145 litres of

                   liquor from another motorcycle and a Balero car.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicle and he came to be implicated at the
Patna High Court CR. MISC. No.6859 of 2026(2) dt.19-02-2026
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          instance of Chaukidar with whom he is on an inimical term. It is

          further submitted that if Chaukidar was aware of the

          involvement of the petitioners in the occurrence, then why he

          did not inform the police prior to institution of the present F.I.R.,

          which casts an aspersion on the case of the prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

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

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five Thousand) 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 Baniyapur P. S. Case No.459 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then
               Patna High Court CR. MISC. No.6859 of 2026(2) dt.19-02-2026
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                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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