Patna High Court
Rukesh Nat @ Rukesh NutversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner upon furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Rukesh Nat, was arrested in connection with the death of Dharmendra Rai after consuming spurious liquor, and charged under several sections of the B.N.S., 2023 and the Bihar Prohibition & Excise Act. The prosecution alleged that the deceased became unconscious after drinking liquor purchased by the accused and later died. The petitioner contended that he merely consumed the liquor with others, was not the manufacturer or seller, was unaware of its toxic nature, and had no criminal antecedent. He sought bail, arguing false implication and lack of intent. The High Court, after hearing both sides, granted bail on the condition of a Rs.10,000 bond and two sureties, directing compliance with the Excise Judge.
Issues considered
- Whether bail should be granted to the petitioner despite charges of illegal liquor and death of a person.
- Whether the petitioner’s alleged role as a consumer, not a manufacturer or seller, affects bail eligibility.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S., 2023 — s. 105, 110, 123, 238, 274, 275, 61(2)
Subjects
- bail
- illegal liquor
- spurious liquor
- death
- B.N.S. 2023
- Bihar Prohibition & Excise Act
- criminal procedure
- co-accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25631 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- PANAPUR District- Saran
======================================================
Rukesh Nat @ Rukesh Nut S/o Mangru Nut R/o Village- Dubauli, Police
Station-Panapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate.
For the Opposite Party/s : Mr. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Panapur P.S. Case No. 79 of 2026 registered for the offence
punishable under Sections 274, 275, 123, 110, 105, 238, 61(2)
of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition &
Excise Act.
3. The case of the prosecution, in short, is that
Dharmendra Rai (deceased) had consumed liquor with Pappu
Kumar, Tusa Nat, and the petitioner, due to which he became
unconscious, and during the course of treatment, he died.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.25631 of 2026(3) dt.12-05-2026
2/3
case. He further submits that, from perusal of the FIR, it
transpires that no force was used upon the deceased; rather, the
deceased himself had consumed liquor along with the petitioner
and two other persons. It is further submitted that the petitioner
was neither the manufacturer nor the seller of the said liquor.
According to the confessional statements recorded during
investigation, the liquor had been purchased from one Suraj.
Learned counsel further submits that the petitioner had also
purchased the liquor from Suraj, and the chemical examination
report of the liquor is available in the case diary, which indicates
that the liquor was found to be spurious, containing 17.9% ethyl
alcohol which is unfit for human consumption. It is further
submitted that the petitioner was unaware of the nature and
quality of the liquor consumed by them, and they came to know
about the same only after the chemical examination report was
received. Learned counsel submits that the petitioner had no
intention to commit any offence against the deceased, as they
were co-villagers. Moreover, a statement has been made in para
3 of the petition that petitioner has no criminal antecedent and
he is languishing in judicial custody since 13.03.2026.
5. The application for bail is opposed by learned APP
for the State.
Patna High Court CR. MISC. No.25631 of 2026(3) dt.12-05-2026
3/3
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned 2 nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Panapur P.S. Case No. 79 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.