Patna High Court
Naresh Kumar Das @ Naresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was disposed of, and bail was not granted.
Summary
The petitioner, Naresh Kumar Das, was taken into custody on 3 January 2026 in connection with an excise case (Nawada Excise P.S. Case No. 08 of 2026) alleging violations of Sections 30(a), 47 and 41 of the Bihar Prohibition and Excise Act. He applied for regular bail, arguing that the charge‑sheet had not been filed within the prescribed time. The court noted that the charge‑sheet’s delay had already resulted in the petitioner’s release, and that the appearance of the Excise Superintendent was ordered in error. The Superintendent assured that the investigation would continue and that the owner of the goods, M/s Riyansh Enterprises, would be arrested. In view of these circumstances, the court disposed of the bail application without granting bail and dispensed with the officers’ appearance. The order effectively dismissed the petitioner's request for regular bail.
Issues considered
- Whether regular bail can be granted when the charge‑sheet has not been filed within the statutory period.
Subjects
- regular bail
- charge‑sheet delay
- Bihar Prohibition and Excise Act
- excise law
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20875 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Naresh Kumar Das @ Naresh Kumar Son of Late Brahmdeo Das Resident of
Village - Chhatni Mahua Koni, P.S.- Gawan, District- Giridih, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 15-04-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner, who is in custody since 03.01.2026,
seeks regular bail in connection with Nawada Excise P.S. Case
No. 08 of 2026 registered for the offence under Sections 30(a),
47 and 41 of the Bihar Prohibition and Excise Act.
3. The petitioner has been let out because the charge-
sheet was not submitted in time. The Excise Superintendent and
the I.O. of the case have appeared. By order dated 08.04.2026,
the personal appearance of the Superintendent of Police,
Nawada was directed under misconception. He is not required in
this case to appear.
4. The learned APP has made his submissions.
5. The Excise Superintendent has undertaken to take
Patna High Court CR. MISC. No.20875 of 2026(4) dt.15-04-2026
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the investigation to its logical conclusion so that the owner of
the goods in question i.e., M/s Riyansh Enterprises, is also
arrested in accordance with law.
6. In view of the above, this application is disposed
of.
7. The appearance of the officers is dispensed with.
(Sandeep Kumar, J)
Shishir/-
U
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