Patna High Court
Manoj NutversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Manoj Nut was arrested in connection with the seizure of 29 litres of country-made liquor near his residence and charged under section 30(a) of the Bihar Prohibition and Excise Act, 2022. He contended that the liquor was not in his conscious possession and that the police had not complied with the procedural requirements of section 105 of the same Act while making the seizure. The State opposed his bail, citing his prior three similar offences and his continued custody since 10 March 2026. The High Court, after considering the alleged procedural lapses and the petitioner’s claim of innocence, decided to grant regular bail. He was released on a bail bond of Rs.10,000 with two sureties, subject to a condition that he not commit a similar offence in the future.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2022 despite alleged procedural irregularities in the seizure.
- Whether the seizure complied with the requirements of section 105 of the Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Subjects
- bail
- prohibition and excise
- seizure
- procedural compliance
- prior convictions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28139 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- MAKER District- Saran
======================================================
Manoj Nut S/o Mahesh Nut R/o Village - Sonbarsha / Sonbarasa, P.S - Maker,
District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30 (a) of the
the Bihar Prohibition and Excise Act, 2022.
3. The case of the prosecution, in short, is that
altogether 29 liters of country made liquor was recovered near
the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
this petitioner rather the same has been recovered from an open
place. It is further submitted that all the witnesses to the seizure
Patna High Court CR. MISC. No.28139 of 2026(2) dt.04-05-2026
2/2
list are police personnel and the police had not complied Section
105 of the BNSS while making the seizure. Moreover, the
petitioner is languishing in judicial custody since 10.03.2026
having criminal antecedent of three cases of similar nature.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Maker P.S. Case No. 63 of 2026 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Excise -III, Saran at Chapra, subject to the
condition that the petitioner shall not indulge himself in similar
nature of offence in future.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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