Patna High Court
Dudhnath NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Excise Act — s. 30(a)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 332, 333, 341, 353
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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