Patna High Court
Dinesh Nut @ Dineshwar NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Dinesh Nut, was charged with multiple offences under the Indian Penal Code and Section 30(a) of the Bihar Excise Act, relating to alleged violent acts and the recovery of 75 litres of liquor. He had been in custody since 30‑01‑2026 and claimed that the liquor was seized from a public area, not from his possession, and that he was implicated by a watchman with whom he had a hostile relationship. The petitioner’s counsel argued that he would not abscond and would cooperate with the trial, seeking regular bail. The State opposed the bail application. The court considered the lack of direct possession, the petitioner’s willingness to cooperate, and the nature of the allegations, and ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the charges under the IPC and the Bihar Excise Act
- Whether the petitioner is likely to abscond or tamper with evidence
- Whether the alleged recovery of liquor from a public place establishes sufficient grounds for denial of bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 332, 333, 341, 353
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Bihar Excise Act
- custody
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14136 of 2026
Arising Out of PS. Case No.-746 Year-2023 Thana- MADHAURAH District- Saran
======================================================
Dinesh Nut @ Dineshwar Nut S/O Late Saral Nut R/O Village- Bajit Bhorha,
P.S- Marhowrah, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Anant Kumar 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 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, 353 of IPC and Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases out of which one case is
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
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.14136 of 2026(2) dt.16-04-2026
2/2
and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if privilege of regular bail is
granted to the petitioner, the petitioner will not abscond rather
will co-operate in the trial to prove his innocence. It is also
submitted that petitioner is in custody since 30-1-2026.
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. 5,000/- (Rupees
Five 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 P.S.
Case No. 746 of 2023.
(Satyavrat Verma, J)
Sumit/-
U T
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