Patna High Court

Rahul NutversusThe State of Bihar

Decided: 16 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted bail to the petitioner subject to strict conditions.

Summary

The petitioner, Rahul Nut, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing six litres of country-made liquor. He claimed innocence, asserting that the liquor was recovered from a nearby canal and that he was not present at the scene, with identification stemming from local enmity. The State opposed his bail, while the petitioner’s counsel argued that he had no prior criminal record except two other cases. The court considered the facts, the petitioner’s limited antecedents, and the nature of the offence, and ordered his release on bail with a bond of Rs.10,000, two sureties who must be close relatives, verification of any further criminal antecedents, and a condition to appear at the police station every Sunday. Non‑compliance would lead to cancellation of bail.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s prior criminal antecedents justify denial of bail.
Whether the conditions imposed are sufficient to ensure the petitioner’s attendance and prevent tampering with evidence.

Subjects

bail
prohibition law
excise
illegal liquor
criminal procedure
antecedent verification
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17413 of 2026
                        Arising Out of PS. Case No.-16 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
                 Rahul Nut Son of Uday chand Nut @ Uday chandra Nut Resident of Village-
                 Bijauli, P.S.- Panapur, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Hemant Kumar, Advocate
                 For the State           :        Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Panapur P.S. Case No. 16 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. As per the prosecution case, 06 litres of country

                   made liquor (spirit) from the petitioner.

                                 4. The petitioner is in custody since 16.02.2026. He is

                   accused in two more cases i.e., Masharkh P.S. Case No. 135 of

                   2024 and Masharkh P.S. Case No. 330 of 2024.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. It is submitted that nothing has been recofved from the
Patna High Court CR. MISC. No.17413 of 2026(2) dt.16-03-2026
                                            2/3




          possessions of the petitioner and the recovery of the illicit

          liquor is from a canal nearby and the petitioner was not present

          at the place of occurrence and he was identified by local

          villagers due to previous enmity.

                       6. Learned APP appearing for the State opposes the

          prayer for regular bail of the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case and submissions of learned counsel for the parties,

          let the petitioner, above named, be released on bail on furnishing

          bail bonds of Rs. 10,000/- (ten thousand) with two sureties of

          the like amount each to the satisfaction of the learned 2 nd

          Exclusive Special Excise Judge, Saran at Chapra/ concerned

          Court in connection with Panapur P.S. Case No. 16 of 2026,

          subject to the condition that both the bailors shall be the close

          relative of the petitioner.

                       8. As the petitioner claims to have only two criminal

          antecedents except the present case i.e., Masharkh P.S. Case

          No. 135 of 2024 and Masharkh P.S. Case No. 330 of 2024, the

          Court below, before accepting the bail bonds of the petitioner is

          directed to verify the antecedent of the petitioner. If the

          petitioner is found to be involved in any other case except

          Masharkh P.S. Case No. 135 of 2024 and Masharkh P.S. Case
           Patna High Court CR. MISC. No.17413 of 2026(2) dt.16-03-2026
                                                       3/3




                     No. 330 of 2024 and the present case then his bail bonds shall

                     not be accepted.

                                  9. The petitioner will also mark attendance in Panapur

                     Police Station, District-Saran on every Sunday of the month.

                     Any default in appearance at the Police Station would result in

                     cancellation of bail bonds of the petitioner.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

Continue reading with your account

Checking your session…