Patna High Court
Nabal Sha @ Nawal SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Nabal Sha, sought anticipatory bail after learning of a pending case under Section 30(a) of the Bihar Excise Act alleging recovery of ten litres of liquor from a straw house on his premises. He argued that he has a clean antecedent, that the liquor was not in his conscious possession, and that the straw house is a communal area accessible to villagers, making it unlikely he would use his own premises for an offence. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond, two sureties, and verification of the petitioner’s criminal antecedent by the trial court. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas confirmation would follow if the petitioner is found to have a clean record.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the absence of conscious possession and the nature of the straw house justify granting anticipatory bail.
- Whether the petitioner’s clean antecedent is a requisite condition for confirming anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- clean antecedent
- straw house
- provisional bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7294 of 2024
Arising Out of PS. Case No.-588 Year-2023 Thana- BARAUNI District- Begusarai
======================================================
Nabal Sha @ Nawal Sah SON OF RAM BALAK SAH RESIDENT OF
VILLAGE- BATHAULI, WARD NO. 8, PS- BARAUNI, DISTT-
BEGUSARAI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-02-2026 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 10 liters of liquor from the straw house of the
petitioner.
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 straw house is
a place outside the house, thus, is accessible to villagers at large.
Patna High Court CR. MISC. No.7294 of 2024(3) dt.06-02-2026
2/3
It is next submitted that no prudent person would use his own
premises for committing an occurrence and thus would create
evidence against himself and hence would get implicated. It is
further submitted that petitioner 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 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 Barauni
P.S. Case No. 588 of 2023 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
Patna High Court CR. MISC. No.7294 of 2024(3) dt.06-02-2026
3/3
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.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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