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Patna High Court

Nathuram @ Nathu RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

The petitioners, a father and son, feared arrest in an excise case (Bettiah Excise P.S. Case No.92 of 2026) alleging violations of Sections 30(a), 30(c) and 45 of the Bihar Prohibition and Excise Act. Police, acting on secret information, raided a house that the petitioners claim is joint family property and not theirs, seizing liquor, equipment and destroying 500 litres of semi‑unfinished liquor. The petitioners contend they were not present at the scene, were falsely implicated due to political rivalry, and that the seizure did not follow the procedural requirements of Section 103 of the B.N.S.S. The State opposed bail. The Court, after considering the submissions, ordered that the petitioners be released on bail upon furnishing bonds of Rs 10,000 each with two sureties, subject to verification of their criminal antecedents and compliance with Section 482(2) of the B.N.S.S., and directed that bail not be delayed for verification purposes.

Issues considered

  • Whether the petitioners are entitled to bail in the pending excise case under the Bihar Prohibition and Excise Act.
  • Whether the seizure and investigation complied with the procedural requirements of Section 103 of the B.N.S.S.
  • Whether alleged political enmity can vitiate the charges and affect bail eligibility.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • false implication
  • political enmity
  • Bihar Prohibition and Excise Act
  • B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18110 of 2026
                   Arising Out of PS. Case No.-92 Year-2026 Thana- Excise P.S. District- West Champaran
                 ======================================================
           1.     Nathuram @ Nathu Ram S/O Late Kisuni Ram @ Late Babulal Ram R/O
                  Village- Basopatti, P.S- Sanichari, Distt.- West Champaran.
           2.    Manish Kumar S/O Nathuram @ Nathu Ram R/O Village- Basopatti, P.S-
                 Sanichari, Distt.- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Umesh Kumar Gupta, Advocate
                 For the Opposite Party/s :        Mr. Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   25-03-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Bettiah Excise P.S. Case No.92 of 2026, for having

                   allegedly committed offences under Sections 30(a), 30(c) and 45

                   of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution story, on secret information,

                   the police party conducted raid in the house of the petitioners.

                   The petitioner no.2 was said to have been arrested at the place

                   of occurrence, but he fled away with the help of the local

                   villagers and from the place of occurrence, 4.5 litres of country

                   made liquor was recovered and some liquor making equipment
Patna High Court CR. MISC. No.18110 of 2026(2) dt.25-03-2026
                                            2/3




          including a cylinder, a pan and other equipments were also

          seized. Five gallons of 100 litres capacity containing 500 litres

          of semi unfinished liquor was also destroyed at the place of

          occurrence.

                       4. The learned counsel for the petitioner submits that

          none of the petitioners was present at the place of occurrence

          and even the house does not belong to the petitioners. The house

          is a joint family property and the petitioners, who happens to be

          the father and son, have falsely been implicated in the present

          case since, the cousin brother of the local Mukhiya and the

          brother-in-law of the petitioner no.1 were candidates for the

          election of PACS and due to the enmity, the local Mukhiya gave

          the name of the petitioners. The alleged liquor has not been

          seized from the conscious possession of the petitioners and the

          alleged 500 litres of semi unfinished liquor is said to have been

          destroyed at an open place which is accessible to all. It is also

          submitted that while preparing the seizure list, the provisions

          contained under Section 103 of the B.N.S.S. was not followed.

          The petitioner no.1 has got clean antecedent while the petitioner

          no.2 has got one another case in which he is on bail.

                       5. The learned A.P.P. for the State opposes the prayer

          for bail.
               Patna High Court CR. MISC. No.18110 of 2026(2) dt.25-03-2026
                                                           3/3




                                      6. Having considered the rival submissions, let the

                         petitioners, above-named, in the event of their arrest or

                         surrender within a period of six weeks, be released on bail on

                         furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                         each with two sureties of the like amount each to the satisfaction

                         of the learned Special Judge (Excise), First, Bettiah, West

                         Champaran in connection with Bettiah Excise P.S. Case No.92

                         of 2026, subject to the conditions laid down under Section

                         482(2) of the B.N.S.S. with a further condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioners and in case at any stage it is found

                         that the petitioners have concealed their criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bonds of

                         the petitioners. However, the acceptance of bail bonds in terms

                         of the above-mentioned order shall not be delayed for purpose

                         of or in the name of verification.


                                                     (Ritesh Kumar, J)

Sanjay/-

U          T


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