Patna High Court
Arun NutversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties, and verification of criminal antecedents.
Summary
The petitioners, Arun Nut and Sudha Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where liquor was allegedly recovered from various locations and vehicles. They argued they had clean antecedents, were not in possession of the seized liquor, and were implicated solely by a chowkidar whose prior knowledge was questionable. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties, subject to verification of the petitioners' criminal antecedents under Section 482(2) of the BNSS. The Court stipulated that if any antecedent is discovered, the bail would not be confirmed for that petitioner; otherwise, the provisional bail would be confirmed. The order emphasizes the need for the trial court to verify antecedents before confirming bail.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the High Court can condition anticipatory bail on verification of criminal antecedents under Section 482(2) of the BNSS.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- criminal antecedent
- high court order
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.848 of 2026
Arising Out of PS. Case No.-459 Year-2025 Thana- BANIAPUR District- Saran
======================================================
1. Arun Nut S/o Pulice Nat R/o Village- Harpur Karah Nat Toli, PS-
Baniyapur, Distt.- Saran
2. Sudha Devi W/o Arun Nut R/o Village- Harpur Karah Nat Toli, PS-
Baniyapur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar =
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and petitioner no. 2
is a woman and allegation is of recovery of 50 litres of liquor
from a bamboo orchard, 140 litres of liquor from a motorcycle
and a bolero vehicle and 5 litres of liquor each from possession
of Rajdev and Satrudhan.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.848 of 2026(2) dt.19-01-2026
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petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and are not the
owners of the seized vehicles and do not have any relation or
concern with Rajdev and Satrudhan and they came to be
implicated at the instance of Chowkidar but then it is submitted
that if the Chowkidar was aware about 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.
500/- (Rupees Five Hundred) each 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
as laid down under Section 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
Patna High Court CR. MISC. No.848 of 2026(2) dt.19-01-2026
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event if it is found that petitioners have antecedent of even one
case 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 with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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