Patna High Court

Badal NutversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents, with confirmation contingent on the antecedent check.

Summary

Badal Nut sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act alleging recovery of 30 litres of liquor from a bush behind his house, which was not in his possession. The petition highlighted that the alleged recovery site did not belong to him and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. It stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case exists, the bail would be confirmed immediately. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in the context of alleged excise offences.
Whether the absence of recovery from the petitioner’s possession and the omission of the informant’s name in the FIR affect the grant of anticipatory bail.
Whether the petitioner’s criminal antecedent influences the confirmation of anticipatory bail.

Subjects

anticipatory bail
excise law
liquor seizure
criminal antecedent
Section 30(a)
Section 482(2)
Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85048 of 2025
                         Arising Out of PS. Case No.-111 Year-2025 Thana- Nagara District- Saran
                 ======================================================
                 Badal Nut S/O Late Laddu Nut R/O village - Nagara Tola, P.S.- Nagara, 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.Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026               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 has antecedent of one case under the Excise Act and

                   allegation is of recovery of 30 litres of liquor from a bush

                   behind the house of the petitioner.

                             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

                   but then is adjacent to his house as such he came to be
Patna High Court CR. MISC. No.85048 of 2025(3) dt.20-01-2026
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          implicated at the instance of local people, 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.

                   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. 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 Nagara P.S. Case No.

          111 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 more than 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 has
              Patna High Court CR. MISC. No.85048 of 2025(3) dt.20-01-2026
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                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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