Patna High Court
Rahul Nut @ Rahul NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Rahul Nut, was arrested on 1 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 100 litres of illicit country-made liquor. The seizure was made at the place of occurrence, not from the petitioner's conscious possession, and the seizure list was prepared by police officers, allegedly violating Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. The petitioner claimed innocence and argued that his name was implicated based on secret information and village informants. The State opposed bail, noting a similar pending case, but the court noted the lack of direct possession and procedural lapses. Consequently, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the seized contraband was not found in the accused's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, warrants bail.
- Whether the existence of another pending case of similar nature bars bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- procedural compliance
- seizure
- possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24487 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- DORIGANJ District- Saran
======================================================
Rahul Nut @ Rahul Nat Son of Mogal Nut R/o Village - Musepur, Nut Toli,
P.S. - Doriganj ,Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Ambuj, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Akash Ambuj, learned counsel for the
petitioner and Mr. Umesh Lal Verma, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
01.01.2026, in connection with Doriganj P.S. Case No. 360 of
2025, F.I.R. dated 19.10.2025 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. Recovery is of 100 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
that nothing has been recovered from the conscious possession of
the petitioner rather recovery has been made from place of
occurrence and the name of the petitioner has been transpired on
Patna High Court CR. MISC. No.24487 of 2026(2) dt.16-04-2026
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the basis of secret information. As per allegation in the F.I.R. , the
petitioner and other co-accused person have fled away fromd the
place of occurrence and the local villagers and spy have informed
that the petitioner was involved in the present occurrence. It
appears from the seizure list that 100 litres illicit country made
semi fermented liquor and 100 litres of illicit liquor were
recovered from the place of occurrence. From perusal of the
seizure list it transpires that seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023. He further submits that police after investigation
submitted chargesheet against the petitioner and the petitioner is in
custody since 01.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries one more case of similar
nature other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the petitioner is on bail in the
pending matter.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.24487 of 2026(2) dt.16-04-2026
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(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of learned Additional Sessions Judge-cum-
Exclusive Special Excise Court No. 03, Saran at Chapra in
connection with Doriganj P.S. Case No. 360 of 2025, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. 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.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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