Patna High Court
Yogendra NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S.S. — s. 482(2)
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
Checking your session…