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Patna High Court

Laxman NatversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners subject to conditions and verification of criminal antecedent.

Summary

The petitioners, three brothers from Harpur Karah, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of liquor recovered from a bamboo orchard, a motorcycle, a bolero vehicle and from two other individuals. They argued they had no conscious possession, were not owners of the seized vehicles, and were implicated solely on the testimony of a chowkidar who had not reported them earlier. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and two sureties each, and directed the trial court to verify their criminal antecedents. The order stipulated that if any petitioner is found to have concealed a prior case, the bail would not be confirmed for that individual; otherwise, the provisional bail would be confirmed. The court thus allowed the anticipatory bail subject to verification and compliance with Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Excise Act
  • Whether the petitioners' lack of conscious possession and clean antecedent justify anticipatory bail

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.913 of 2026
                       Arising Out of PS. Case No.-459 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
           1.     Laxman Nat S/o- Pulice Nat Village- Harpur Karah Nut Toli, PS- Baniyapur,
                  Dist- Saran
           2.    Tuntun Nut S/o- Pulice Nat Village- Harpur Karah Nut Toli, PS- Baniyapur,
                 Dist- Saran
           3.    Gappu Nut S/o- Pulice Nat Village- Harpur Karah Nut Toli, PS- Baniyapur,
                 Dist- 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.Abhay Kumar Roy
                 ======================================================
                 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 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.913 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.913 of 2026(2) dt.19-01-2026
                                                          3/3




                        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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