Created by Fuzzy Cloud

Patna High Court

Sanjay Nut @ Sanjay NatversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Sanjay Nut, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 150 litres of illicit country-made liquor from a wheat field belonging to Raj Kumar Singh. He contended that no liquor was found in his possession or residence and that his inclusion as an accused was based solely on statements from local residents, asserting his innocence. The petitioner also disclosed that he has a pending criminal case of a similar nature. The State, represented by an Additional Public Prosecutor, opposed the bail application. The Court, after considering the submissions, granted bail subject to a Rs.10,000 bond, two sureties, and specific conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including cooperation with the trial and non‑tampering with evidence. The application for bail was therefore allowed.

Issues considered

  • Whether bail should be granted to the petitioner under the circumstances of the case
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses
  • Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 justify continued detention

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • Section 482(2)
  • criminal procedure
  • excise
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29214 of 2026
                        Arising Out of PS. Case No.-64 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
                 Sanjay Nut @ Sanjay Nat S/o Sakaldeo Nut @ Sakaldew Nat R/V Bagdiha,
                 P.S - Panapur, Dist.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends arrest in connection with

                   Panapur PS. Case No. 64 of 2026 dated 03-03-2026 instituted

                   under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. The allegation is of recovery of 150 litres of illicit

                   country made liquor from the wheat filed of Raj Kumar Singh.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that no incriminating article

                   has been recovered either from the conscious possession of the

                   petitioner or from his house; rather, the illicit liquor has been

                   recovered from the wheat field of Raj Kumar Singh, which does
Patna High Court CR. MISC. No.29214 of 2026(2) dt.06-05-2026
                                            2/3




          not belong to the petitioner. The petitioner has been made an

          accused in this case only on the basis of disclosure made by the

          local people of the vicinity. Lastly, it is submitted that one

          criminal case is pending against him.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, in

          the event of arrest or surrender before the Court below within

          six weeks from today, the petitioner be released on bail upon

          furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          2nd Exclusive Special Excise Judge, Saran at Chapra, in

          Panapur PS. Case No. 64 of 2026, subject to the conditions laid

          down in Section 482(2) of the Bharatiya Nagarik Suraksha

          Sanhita 2023 and further (i) that the petitioner shall co-operate

          in the trial and shall be properly represented on each and every

          date fixed by the Court and on his absence on two consecutive

          dates without sufficient reason, his bail bond shall be cancelled

          by the court below, (ii) that one of the bailors will be his own

          blood relation, preferably father, mother, brother, sister and or

          his wife, (iii) that the bailor shall also state on affidavit that he

          will inform the court concerned if the petitioner is made accused
           Patna High Court CR. MISC. No.29214 of 2026(2) dt.06-05-2026
                                                       3/3




                     in any other case of similar nature after his release in the present

                     case and thereafter the court below will be at liberty to initiate

                     the proceeding for cancellation of bail on ground of misuse and

                     (iv) that if the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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