Patna High Court
Madan NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Madan Nat was arrested in Bheldi police station case No. 329 of 2025 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 62 litres of liquor were recovered from a sack at a public place. He claimed he had no knowledge of the liquor, no incriminating material was found on him, and that he was falsely implicated; he also highlighted that the recovery was from an open area and that the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail, citing the petitioner’s prior criminal antecedent and the seriousness of the offence. The Court considered the length of custody since 18‑12‑2025, the lack of direct evidence, the grant of bail to a co‑accused, and the statutory non‑compliance, and decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 warrants denial of bail
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- criminal procedure
- liquor seizure
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15673 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- BHELDI District- Saran
======================================================
Madan Nat Son of Late Peyar Chand Nat R/o Village - Sobheypur, P.S. -
Bheldi, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Bheldi P.S. case No.
329 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 62 liters liquor
was recovered from sac and the petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that recovery has been made from an open
Patna High Court CR. MISC. No.15673 of 2026(2) dt.11-03-2026
2/2
place accessible to public at large. The petitioner is in custody
since 18.12.2025 and has got one criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023. Co-accused
has been granted regular bail by this Bench vide order dated
10.02.2026 passed in Cr. Misc. No. 7369 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bheldi P.S. case
No. 329 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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