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Patna High Court

Suresh NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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