Guddu Nut @ Guddu Nat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78711 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- Nagara District- Saran ====================================================== 1.

Guddu Nut @ Guddu Nat son of Chhabila Nut Resident of Village -Nagara Nat Toli PS -Nagara, Dist- Saran at Chapra 2.

Bipin Nut son of chhabila Nut Resident of Village -Nagara Nat Toli PS -Nagara, Dist- Saran at Chapra ... ... 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 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-12-2025

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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners have antecedent of one case and allegation is of recovery of 15 litres of liquor along with 250 kilograms of semi manufactured liquor from a place near Nut-tola. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to

Patna High Court CR. MISC. No.78711 of 2025(2) dt.04-12-2025 2/3 the petitioners and is accessible to public at large and they came to be implicated at the instance of local person but then the name of person who disclosed the name of the petitioners is not disclosed in the FIR, which casts an aspersion on the case of the prosecution.

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

5. 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 Court below within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees five 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 Nagra P.S. Case No.15/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioners and in the event if it is found that petitioners have antecedent of more than one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the

Patna High Court CR. MISC. No.78711 of 2025(2) dt.04-12-2025 3/3 provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioners have antecedent of one case, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) amit/- U T