Patna High Court
Kanhaiya NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Kanhaiya Nut, sought bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 130 litres of illicit liquor and manufacturing utensils were seized from a garden adjoining his house. He contended that the seizure was illegal because the items were not in his physical possession, the location was an open public area, and there was no independent witness to the seizure. The State opposed bail, highlighting three prior criminal records, two of which were of a similar nature, though the petitioner was already on bail in those matters. The Court examined the procedural deficiencies alleged by the petitioner against the seriousness of the antecedents. Considering the circumstances, the Court granted bail subject to a bond of Rs.10,000, two sureties, cooperation with the investigation, and the requirement that one bailor be a close relative, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S.
Issues considered
- Whether the alleged violations of search and seizure procedures justify granting bail to the petitioner
- Whether the petitioner’s prior criminal antecedents preclude bail despite the alleged procedural lapses
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- search and seizure
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Section 30(a)
- Section 438
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18048 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Kanhaiya Nut S/o Sudhu Nut @ Sudhan Nut R/o village - Senduar, P.S - Janta
Bazar, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 130 liters of country made
liquor and some utensils for manufacturing liquor were recovered
from the garden which is situated adjacent to the house of the
petitioner.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the physical and conscious
possession of the petitioner. It is submitted that the place of
recovery is an open place and easily accessible to anyone. It is
further submitted that the mandatory provisions of search and
Patna High Court CR. MISC. No.18048 of 2026(2) dt.03-04-2026
2/2
seizure have been violated as there is no independent witness to
the seizure list.
5. Learned APP for the State opposes the prayer for
bail on the ground that petitioner has three criminal antecedents
out of which two are of similar nature, to which, learned counsel
for the petitioner submits that the petitioner is on bail in all the
cases.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner in the
event of his arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court in
connection with Janta Bazar P.S. Case No. 01 of 2026, subject to
the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) One of the bailors will be a family member/close
relative.
(Soni Shrivastava, J)
devendra/-
U T
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