Patna High Court
Gwari Nat @ Buari Khalifa @ Boari NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000 with two sureties.
Summary
The petitioner, Gwari Nat, was charged under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly recovering 20 litres of liquor and 100 litres of Mahua solution, which were destroyed at the spot. He was not apprehended in possession of the liquor and was implicated by a watchman with whom he has an inimical relationship. The petitioner, who has a clean antecedent, has been in custody since 1 December 2025 and sought bail. The State opposed the bail application. The Court, after considering the facts and the petitioner's clean record, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court where the case is pending.
Issues considered
- Whether bail should be granted to the petitioner in offences punishable under Sections 30(a) and 41(1) of the Bihar Excise Act.
- Whether the circumstances of non‑apprehension at the spot and lack of possession justify release on bail.
Subjects
- bail
- Bihar Excise Act
- Section 30(a)
- Section 41(1)
- criminal procedure
- custody
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1795 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Gwari Nat @ Buari Khalifa @ Boari Nat Son of Late Lakhan Nat Resident of
Village - Bastijalal, P.S.- Dighwara, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) and 41(1) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 20 liters of liquor from a village along with 100
liters of Mahua solution which was destroyed at the spot.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated at the instance of Chowkidar with whom he is on an
inimical term and is in custody since 01.12.2025.
Patna High Court CR. MISC. No.1795 of 2026(2) dt.30-01-2026
2/2
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten 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 Dighwara
P.S. Case No. 187 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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