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Patna High Court

Yogendra NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as there is no material evidence directly linking the petitioner to the alleged offence.

Summary

Petitioner Yogendra Nut applied for bail after police alleged his involvement in the sale of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case was based on a secret tip and the recovery of six litres of country-made liquor from a pond, with a watchman identifying the petitioner, but no contraband was found on the petitioner himself. The petitioner’s counsel argued that the accusation was purely speculative and that no material linked the petitioner to the seized liquor. The State opposed the bail, citing the seriousness of the offence. The court, noting the absence of any direct evidence against the petitioner, ordered his release on bail subject to conditions under Section 482(2) of the B.N.S.S., including a bond of Rs.10,000 and sureties.

Issues considered

  • Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where no material has been recovered from the accused
  • Whether the suspicion based on a watchman's identification suffices to deny bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • suspicion
  • Section 30(a)
  • Section 482(2)
  • no material evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21343 of 2026
                     Arising Out of PS. Case No.-150 Year-2025 Thana- KORANSARAI District- Buxar
                 ======================================================
                 Yogendra Nut S/o Ramshankar Nat Resident of Village- Mathila, P.S.-
                 Koransarai, District- Buxar

                                                                                 ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Dimpal Kumari, Advocate
                 For the Opposite Party/s :       Mr.Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   10-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.    In   the    present      case,    the    petitioner       is

                   apprehending his arrest in connection with Koransarai P.S. Case

                   No. 150 of 2025 registered for the offences under Section 30(a)

                   of Bihar Prohibition and Excise Act.

                                      3. As per prosecution case, during a drive against

                   illicit liquor, police received secret information about the

                   petitioner selling liquor and a raid was conducted and near a

                   pond a person was found selling liquor, who ran away on seeing

                   the police party leaving a plastic sack. On search of the sack,

                   6 litres of country made chulai liquor was recovered and

                   the Chaukidar named this petitioner, who fled away from the
Patna High Court CR. MISC. No.21343 of 2026(2) dt.10-04-2026
                                            2/3




          spot.

                            4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in this

          case. The petitioner was not apprehended from the spot and

          nothing incriminating has been recovered from the person or

          possession of the petitioner. The implication of the petitioner is

          merely on suspicion and on saying of Chaukidar. The recovery

          has been made from a place which is accessible to all and not

          exclusive to the petitioner. The petitioner is having antecedent

          of one case in which he is on bail.

                       5. Learned APP opposes the submission made on

          behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery has been shown from the petitioner and

          further considering the absence of material against the petitioner

          to make out a case under Bihar Prohibition and Excise Act, let

          the petitioner above named, in the event of his arrest or

          surrender before the court concerned within a period of eight

          weeks from today, be released on bail, on furnishing bail bonds

          of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties

          of the like amount each to the satisfaction of learned Special
            Patna High Court CR. MISC. No.21343 of 2026(2) dt.10-04-2026
                                                        3/3




                      Excise Court No. 1, Buxar/concerned court in connection with

                      Koransarai P.S. Case No. 150 of 2025, subject to the condition

                      as laid down under Section 482(2) of the B.N.S.S. and other

                      following conditions :

                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below, if so required by the

                                                      learned trial court.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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