Patna High Court

Muresh Nut @ Muresh KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Muresh Nut, feared arrest in a case (Panapur P.S. Case No. 295 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 80 litres of liquor in two motorcycles. The prosecution alleged the liquor was recovered from the vehicles, while the petitioner contended he was falsely implicated, had no possession of the liquor, and merely owned one of the vehicles without knowledge of the goods. He also pointed out non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 15,000 with two sureties, and complies with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether there is a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.
Whether the petitioner is likely to flee, tamper with evidence or influence witnesses.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
liquor seizure
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2600 of 2026
                       Arising Out of PS. Case No.-295 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Muresh Nut @ Muresh Kumar Son of Jawahir Nat R/o Village - Bagdiha, P.S.
                 - Panapur, Dist. - Saran at Chapra.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Panapur P.S. Case No. 295 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 80 litres

                   of liquor was recovered from two motorcycles.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. It is further submitted that the name

                   of the petitioner has transpired as being the owner of the one of
           Patna High Court CR. MISC. No.2600 of 2026(2) dt.19-01-2026
                                                       2/2




                     the vehicles in question and has no knowledge regarding the

                     goods loaded in the vehicle. Learned counsel further submitted

                     that, prima-facie, no case is made out against the petitioner. The

                     petitioner has one criminal antecedent. There is no compliance

                     of Section 103 of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Panapur P.S. Case

                     No. 295 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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