Patna High Court

Bali NutversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

The court held that bail should not be granted and dismissed the petition for regular bail.

Summary

Bali Nut was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He had earlier obtained provisional anticipatory bail conditioned on verification of his criminal antecedents, claiming only two cases, but the verification revealed eight antecedents, leading to cancellation of that bail and his custody. He subsequently applied for regular bail, arguing that he should be released pending trial. The State opposed, contending that his earlier misrepresentation showed he did not approach the court with clean hands and might abscond. After hearing both sides, the court declined to grant bail, rejecting the petition but allowing the petitioner to renew the bail application after the charge is framed.

Issues considered

Whether regular bail can be granted after cancellation of provisional anticipatory bail due to the petitioner having more than two criminal antecedents.
Whether the petitioner’s misrepresentation of his antecedents bars the grant of bail.
Whether bail may be denied pending the framing of charge in the case.

Subjects

bail
anticipatory bail
provisional bail
criminal antecedents
misrepresentation
Bihar Prohibition and Excise Act
Section 30(a)
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88817 of 2025
                     Arising Out of PS. Case No.-331 Year-2024 Thana- MADHAURAH District- Saran
                 ======================================================
                 Bali Nut S/O Daharu Nut @ Dinesh Nut R/O Village- Bajit Bhoraha, P.S.-
                 Marhowrah, District- Saran.
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner had earlier moved before this Court seeking anticipatory

                   bail by filing Cr. Misc. No. 76020 of 2024. The petitioner was

                   granted the privilege of provisional anticipatory bail by an order

                   dated 06.12.2024 with a condition that after granting the

                   provisional anticipatory bail, the learned trial court shall verify the

                   criminal antecedent of the petitioner and if it is found that

                   petitioner has more than two antecedents in that event the

                   provisional anticipatory bail bonds shall be cancelled but if it is

                   found that petitioner has antecedent of two cases only in that event
           Patna High Court CR. MISC. No.88817 of 2025(2) dt.16-01-2026
                                                       2/2




                     the provisional anticipatory bail bonds shall be confirmed. It is

                     further submitted that petitioner in Misc. No. 76020 of 2024 at

                     para 3 had pleaded that he has antecedent of two cases but on

                     verification it was found that petitioner has antecedent of eight

                     cases, as such, his provisional anticipatory bail bonds was

                     cancelled and petitioner was taken into custody on 19.11.2025.

                                  4. Learned A.P.P. for the State vehemently opposes the

                     prayer for regular bail of the petitioner and submits that petitioner

                     had not approached this Court with clean hands when he had filed

                     Misc. No. 76020 of 2024 seeking anticipatory bail. It is further

                     submitted that if privilege of regular bail is granted to the

                     petitioner, the petitioner may abscond.

                                  5. After hearing the learned counsel for the parties, the

                     Court is not inclined to release the petitioner on bail. Hence, the

                     prayer for bail is rejected in connection with Marhowrah P.S. Case

                     No. 331 of 2024 pending in the Court of learned 2 nd Exclusive

                     Special Excise Judge, Saran at Chapra/Successor Court.

                                  6. However, the petitioner would be at liberty to renew

                     his prayer for bail after framing of charge.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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