Rajesh Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13178 of 2026 Arising Out of PS. Case No.-369 Year-2025 Thana- AMNAUR District- Saran ====================================================== 1.

Rajesh Nut S/O Chandan Nut R/O Vill.- Ketuka Lachchi, P.S.- Amnour, Dist.- Saran 2.

Kishun Nut S/O Sudhan Nut R/O Vill.- Ketuka Lachchi, P.S.- Amnour, Dist.- Saran 3.

Jagdish Nut S/O Sudhan Nut R/O Vill.- Ketuka Lachchi, P.S.- Amnour, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2026

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 petitioners are persons with clean antecedent and allegation is of recovery of 60 liters of liquor from a Banana orchard and 42 liters of liquor from a bush near the house of Harendra Rai.

4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing

Patna High Court CR. MISC. No.13178 of 2026(2) dt.10-03-2026 2/3 was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and they came to be implicated at the instance of local person, but then the name of the person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution, when petitioners admittedly are persons with clean antecedent and have not been implicated based on secret information.

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 Amnaur P.S. Case No. 369 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 petitioners and

Patna High Court CR. MISC. No.13178 of 2026(2) dt.10-03-2026 3/3 in the event if it is found that any of the 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, but after verification if it is found that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Rishabh/- U T