Anil Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5318 of 2026 Arising Out of PS. Case No.-808 Year-2025 Thana- GARKHA District- Saran ====================================================== 1.

Anil Nat Son of Fulena Nat Resident of village- Maikee, Kotwa, Ps- Garkha, Dist- Saran 2.

Sugan Devi wife of Anil Nat Resident of village- Maikee, Kotwa, PsGarkha, Dist- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Shweta Anand For the Opposite Party/s :

Ms.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-02-2026 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 petitioner no. 1 has antecedent of four cases under the Excise Act and petitioner 2 is a person with clean antecedent and is a woman and allegation is of recovery of 190 litres of liquor from a place behind the house of the petitioners.

4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was

Patna High Court CR. MISC. No.5318 of 2026(2) dt.02-02-2026 2/3 recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners, but then is adjacent to their house and they came to be implicated at the instance of Chowkidar with whom petitioner no. 1 is on an inimical term. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation. 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. 20,000/- (Rupees Twenty Thousand) 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 Garkha P.S. Case No. 808 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.5318 of 2026(2) dt.02-02-2026 3/3 event if it is found that petitioner no. 1 has antecedent of more than four cases and petitioner 2 has 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 petitioner no. 1 has antecedent of four cases and petitioner 2 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. 8.

At this stage, the learned counsel for the petitioners based on instruction submits that petitioners undertake to deposit an amount of Rs. 5,000/- with Lawyers' Association, Patna High Court within a period of two weeks from today. (Satyavrat Verma, J) Sumit/- U T