Patna High Court

Ravindra NutversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner, subject to verification of his antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Ravindra Nut, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 560 litres of spirit from a public pond. He asserted that he has a clean criminal record, was not in possession of the spirit at the time of arrest, and that the informant’s identity was omitted from the FIR. The State opposed his request for anticipatory bail. The High Court, after considering the petitioner's submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and subject to verification of his antecedent under Section 482(2) of the BNSS. The court directed that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
Whether the lack of possession and public nature of the alleged location justify granting anticipatory bail.

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
clean antecedent
public place
Section 482(2)
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7177 of 2026
                       Arising Out of PS. Case No.-255 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Ravindra Nut S/O Valdev Nut @ Baldev Nut R/O Vill.- Bagdiha, P.s.-
                 Panapur, Dist.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar
                 For the Opposite Party/s :       Mr.Umanath Mishra
                 ======================================================
                 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 the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 560 litres of spirit from a place near a pond.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated

                   at the instance of local people, but then the name of the person,
Patna High Court CR. MISC. No.7177 of 2026(2) dt.19-02-2026
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          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 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 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. 255 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
              Patna High Court CR. MISC. No.7177 of 2026(2) dt.19-02-2026
                                                          3/3




                        antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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