Patna High Court
Bala Nut @ Bala Kumar Nut @ Bala Kumar Nat @ Bala NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 332, 333, 341, 353
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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