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Patna High Court

Bala Nut @ Bala Kumar Nut @ Bala Kumar Nat @ Bala NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the petitioner was not found in possession of the alleged contraband and the investigation appeared deficient.

Summary

The petitioner, Bala Nut, was charged under multiple serious IPC sections and Section 30(a) of the Bihar Excise Act for alleged recovery of 75 litres of liquor from a bush near a canal. He has seven prior excise cases and has been in custody since 9 January 2026, with charges already framed. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the case was based on secret information without proper investigation. The State opposed the bail application. The court, after considering these submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, directing compliance with the trial court.

Issues considered

  • Whether bail should be granted to the accused despite the seriousness of the offences and his prior excise cases

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Bihar Excise Act
  • criminal procedure
  • pre‑trial detention
  • investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12221 of 2026
                     Arising Out of PS. Case No.-746 Year-2023 Thana- MADHAURAH District- Saran
                 ======================================================
                 Bala Nut @ Bala Kumar Nut @ Bala Kumar Nat @ Bala Nat Son of Dinesh
                 Nut R/V - Mirzapur Vajitbhoraha, (Bazid Bhoraha), P.S - Madhaurah, District
                 - Saran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Jha
                 For the Opposite Party/s :      Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 147, 148, 149, 341, 323,

                   325, 332, 333, 307 and 353 of the IPC and Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 75 litres of liquor from a bush

                   near a canal.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged
            Patna High Court CR. MISC. No.12221 of 2026(2) dt.10-04-2026
                                                        2/2




                      recovery is from a place which does not belong to the petitioner

                      and he came to be implicated based on secret information which

                      is the easiest way to implicate someone without holding a

                      proper investigation. It is further submitted that once an accused

                      is implicated in a case relating to excise, the police starts

                      implicating mechanically either at the instance of Chowkidar,

                      local person, confessional statement or secret information

                      without holding a proper investigation. It is also submitted that

                      petitioner is in custody since 9-1-2026 and charges have been

                      framed.

                               5.     Learned A.P.P. for the State vehemently opposes

                      the prayer for bail of the petitioner.

                               6.     Considering the submission made by learned

                      counsel for the petitioner, let the petitioner, above named, be

                      released on bail on furnishing bail bond 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 Marhowrah

                      (Madhaurah) P.S. Case No. 746 of 2023.



                                                (Satyavrat Verma, J)
Sumit/-
U       T


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