Chhabila Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47985 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- MALAHI District- East Champaran ====================================================== Chhabila Nat S/o Nagina Nat Resident Of Village- Sirani Nat Toli, P.S.- Malahi, District-East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2025 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 Section 30(a) of the Bihar Excise Act.

3.

The learned counsel for the petitioner submits that the case was taken up on 4-8-2025, when case diary was called for, but then the same till date has not been received. 4.

The court will not wait endlessly for the case-diary. 5.

Learned counsel for the petitioner submits that the petitioner has antecedent of two cases under the excise act and allegation is of recovery of 50 litres of liquor from a hut of the petitioner.

6.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47985 of 2025(3) dt.01-11-2025 2/3 petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the hut does not belong to the petitioner, but then he came to be implicated based disclosure made by the villagers, but then the name of the villager, who disclosed the name of the petitioner is not disclosed in the FIR, which casts an aspersion on the case of the prosecution. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically without holding a proper investigation.

7.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8.

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. 10,000/- (Rupees Ten Thousand) 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 Malahi P.S. Case No. 65 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.47985 of 2025(3) dt.01-11-2025 3/3 9.

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 more than two cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T