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Patna High Court

Dudhnath NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Dudhnath Nut was arrested in connection with a case (PS Marhowrah Case No.746 of 2023) alleging offences under multiple sections of the Indian Penal Code and Section 30(a) of the Excise Act, including alleged recovery of 75 litres of liquor. The petitioner argued that he was not arrested at the spot, the liquor was not in his possession, and that he was implicated by a local informant without proper investigation, despite having three prior excise cases. He had been in custody since 13 February 2026 and asserted he would not abscond and would cooperate with the trial. The State opposed bail. The court, after considering the submissions, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.5,000 with two sureties, directing compliance with the trial court. The bail application was therefore allowed.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences and his prior excise cases
  • Whether the circumstances of arrest and lack of recovered contraband justify continued detention

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Excise Act
  • liquor seizure
  • custody
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16675 of 2026
                     Arising Out of PS. Case No.-746 Year-2023 Thana- MADHAURAH District- Saran
                 ======================================================
                 Dudhnath Nut Son of Late Saral Nut Resident of Village - Mirjapur,
                 Bajitbhoraha, P.S.- Marhowrah, District - Saran, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms.Shweta Anand
                 For the Opposite Party/s :      Mr.Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

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

                   offences punishable under Section 147, 148, 149, 341, 323, 325,

                   332, 333, 307, 353 of the I.P.C. and Section 30(a) of the Excise

                   Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases under the Excise Act

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

                   near a canal.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner
               Patna High Court CR. MISC. No.16675 of 2026(2) dt.17-04-2026
                                                           2/2




                         and is accessible to public at large and he came to be implicated

                         at the instance of local person/ Chaukidar, but then, It is next

                         submitted that police in majority of cases implicating innocent

                         persons either at the behest of Chaukidar, local person, secret

                         informant and confessional statement in a mechanical manner

                         without holding proper investigation. It is also submitted that

                         petitioner is in custody since 13.02.2026. It is also submitted

                         that petitioner will not abscond rather will cooperate in the trial

                         to prove his innocence.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, is

                         directed to be released on regular bail on his furnishing bail-

                         bonds in the sum 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.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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