Created by Fuzzy Cloud

Patna High Court

Rahul Nut @ Rahul NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       (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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.