Patna High Court
Suresh NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Suresh Nut, sought anticipatory bail fearing arrest in a case (Panapur PS Case No. 116 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 56 litres of liquor were recovered from a motorcycle. He contended that his name was implicated solely on the basis of a co‑accused’s statement, that he neither owned the motorcycle nor had any involvement with the liquor, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, arguing the existence of two prior criminal antecedents. The Court examined the material and noted that another co‑accused had already been granted regular bail. Relying on Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties of equal amount, subject to the usual conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether the prosecution has established a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 482(2)
- Section 103
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16099 of 2026
Arising Out of PS. Case No.-116 Year-2025 Thana- PANAPUR District- Saran
======================================================
Suresh Nut S/o Jawahir Nut @ Jawahar Nut R/o vill - Bagdiha, P.s.- Panapur,
Distt.- saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Panapur PS Case No. 116 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 total 56 litres
of liquor was recovered from a motorcycle.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
The name of the petitioner transpired in this case on the basis of
disclosure made by apprehended co-accused person. Learned
counsel further submitted that petitioner is not the owner of the
Patna High Court CR. MISC. No.16099 of 2026(2) dt.12-03-2026
2/2
motorcycle and he has no concern with the same. The petitioner
has got no concern with the alleged recovery of liquor. The
petitioner has two criminal antecedents. There is no compliance
of Section 103 of the Bharatiya Nagarika Suraksha Sanhita,
2023. Learned counsel for the petitioner, therefore, contends
that prima-facie no case is made out against the petitioner. Other
co-accused has been granted regular bail by this Court vide
order dated 29.07.2025, passed in Cr. Misc. No. 48515 of 2025.
5. Learned APP 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, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory 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 Panapur PS Case
No. 116 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,
2023.
Raj Kishore/- (Rudra Prakash Mishra, J)
U T
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