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Patna High Court

Vijay NutversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the conditions prescribed under Section 482(2) of the BNSS.

Summary

The petitioner, Vijay Nut, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 50 litres of liquor recovered from a motorcycle. He argued that he has a clean antecedent, was not caught in possession, and is not the owner of the seized vehicle, contending that the FIR lacks the name of the informant. The State opposed the bail, asserting the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 500 with two sureties, and the trial court verifies his antecedent. The order is subject to Section 482(2) of the Bihar Non‑Statutory (BNSS) and may be revoked if any prior case is discovered. The court directed that upon verification of a clean record, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession justify provisional anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • clean antecedent
  • high court inherent powers
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7007 of 2026
                       Arising Out of PS. Case No.-367 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Vijay Nut S/O Parma Nut R/O Village- Dhenuki Maniya Tola, P.S- Panapur,
                 Distt.- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of the

                   seized vehicle and he came to be implicated at the instance of local

                   person, but then the name of the person who disclosed the name of

                   the petitioner is not disclosed in the FIR which casts an aspersion on

                   the case of the prosecution, when petitioner admittedly is a person
            Patna High Court CR. MISC. No.7007 of 2026(2) dt.19-02-2026
                                                        2/2




                      with clean antecedent

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioner.

                                   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 Trial Court within a period

                      of six weeks from today, be released on Provisional anticipatory

                      bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred)

                      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 Panapur P.S. Case No. 367 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 petitioner and in the event

                      if it is found that petitioner has antecedent of even one case then it

                      would be presumed that petitioner, for the purposes of seeking

                      anticipatory bail, had concealed his antecedent before this Court, as

                      such, the provisional anticipatory bail order shall not be confirmed,

                      but after verification if it is found that petitioner is a person with

                      clean antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.


                                                              (Satyavrat Verma, J)

Rishabh/-
U      T


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