Patna High Court
Sanjay Nut @ Sanjay NatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.