Laxman Nat v. The State Of Bihar

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 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 2/3 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