Patna High Court
Baban NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that, given the open‑space recovery of the liquor and the petitioners’ clean antecedents, they are entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Baban Nut and Jodhan Nut, were implicated in a case (Baniyapur PS Case No. 584/2025) for alleged possession of 116 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for pre‑arrest bail, claiming innocence, clean antecedents, and that the liquor was recovered from an open public area accessible to anyone. The State opposed the bail. The High Court examined the FIR, the open‑space recovery, and the petitioners’ lack of prior criminal record, and concluded that they had made out a prima facie case for bail. Accordingly, the court ordered that the petitioners be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS and verification of any other criminal antecedents by the District Court. The order will lapse if the District Court finds involvement in other cases.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of recovery of illicit liquor from an open public space and the petitioners' clean antecedents justify granting bail.
- Whether Section 482(2) of the BNSS can be invoked to condition the bail order.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illicit liquor
- clean antecedent
- Section 482(2) BNSS
- open public space
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25334 of 2026
Arising Out of PS. Case No.-584 Year-2025 Thana- BANIAPUR District- Saran
======================================================
1. Baban Nut S/o Darshan Nut R/o Village - Karah, (Nut Toli), P.S - Baniyapur,
District - Saran
2. Jodhan Nut S/o Jagan Nut R/o Village - Karah, (Nut Toli), P.S - Baniyapur,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Hemant Kumar, learned counsel
appearing on behalf of the petitioners and Mr. Akshay Lal
Pandit, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Baniyapur P.S. Case No. 584/2025 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 116 litres of
illicit liquor was recovered from Karah Nat Toli.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioners are innocent and have
falsely been implicated in the present case. Learned counsel
further submitted that recovery of illicit liquor has been made
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from the Karah Nat Toli, which is an open space and is easily
accessible by anyone. Petitioners have no concern either with
the place of recovery or with the alleged recovered liquor.
Petitioners have clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that recovery of illicit liquor has
been made from the Karah Nat Toli, which is an open space and
is easily accessible by anyone and also the fact that the State has
failed to implement its liquor policy in its true spirit, I am of the
opinion that petitioners, who are having clean antecedents, have,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of learned Concerned Court
where the case is pending in connection with Baniyapur P.S.
Case No. 584/2025, subject to the conditions as laid down under
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Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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