Patna High Court
Tikuli Nut @ Aman KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that the petitioner is entitled to provisional anticipatory bail subject to verification of his antecedent and compliance with conditions imposed under Section 482 of the CrPC.
Summary
Tikuli Nut (Aman Kumar) was implicated in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for the alleged recovery of liquor and Mahua from a spot adjacent to his house. He contended that he had a clean antecedent, was not caught in possession, and that the FIR was based merely on a chowkidar’s suspicion. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties and verification of the petitioner’s criminal antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was made under the inherent powers of the Court under Section 482 of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the inherent powers of the High Court in view of the allegations under the Bihar Excise Act.
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
- Whether the FIR, filed on the basis of a chowkidar’s suspicion, is sufficient to deny anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 41
- clean antecedent
- provisional bail
- Section 482 CrPC
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90902 of 2025
Arising Out of PS. Case No.-340 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Tikuli Nut @ Aman Kumar Son of Late Tuntun Nut R/o Village - Bastijalal,
P.S.- Dighwara, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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 Sections 30(a) and
41(1) 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 9 liters of liquor along with 1000 liters of Mahua
pass from a place behind the 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 the alleged
recovery is from a place which does not belong to the petitioner,
but is adjacent to his house and he came to be implicated based
Patna High Court CR. MISC. No.90902 of 2025(2) dt.12-01-2026
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on suspicion at the instance of Chowkidar, but then it is
submitted that if Chowkidar was aware of the involvement of
the petitioner 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 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 Dighwara
P.S. Case No. 340 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
Patna High Court CR. MISC. No.90902 of 2025(2) dt.12-01-2026
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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.
(Satyavrat Verma, J)
Rishabh/-
U T
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