Patna High Court
Manoj NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners subject to a bond and specified conditions.
Summary
Manoj Nut and Sanoj Nut were arrested on 4 April 2026 for allegedly possessing 25 litres of illicit liquor, alleged offences under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. They contended that the liquor was recovered from a temporary thatched hut and not from their conscious possession, and that the seizure list witnesses were police officers, violating Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The Additional Public Prosecutor opposed bail, citing four and two prior criminal antecedents respectively, though the accused were already on bail in other matters. The High Court, after considering the facts, granted bail to both petitioners on a bond of Rs.10,000 each with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail bonds not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 in view of alleged procedural lapses in seizure.
- Whether the existence of prior criminal antecedents precludes the grant of bail.
- Whether non‑compliance with Sections 103/105 of the BNSS Act, 2023 affects the bail application.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- criminal antecedent
- procedural compliance
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- BNSS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33899 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Manoj Nut S/O Late Dharmnath Nut Resident of Village-Mangolapur, P.S-
Jalalpur Dist.-Saran
2. Sanoj Nut @ Sanoj Nat S/O Late Dharmnath Nut Resident of Village-
Mangolapur, P.S-Jalalpur 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. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-05-2026 Heard Mr. Sanjeet Kumar Singh, learned counsel for
the petitioners and Mr. Mritunjay Kumar Nirala, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
04.04.2026 in connection with Sadar Excise P.S. Case No. 81 of
2026, F.I.R. dated 04.04.2026 for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2022.
3. Recovery is of 25 litres of illicit liquor.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. It appears from the FIR as well as seizure list
Patna High Court CR. MISC. No.33899 of 2026(2) dt.15-05-2026
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that nothing has been recovered from the conscious possession
of the petitioners rather the recovery has been made from the
temporary thatched hut. It appears from the seizure list that the
seizure list witnesses are the police personnel, so there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioners are in custody since 04.04.2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners on the
ground that petitioner no. 1 carries four criminal antecedents
and petitioner no. 2 carries two criminal antecedents other than
the present one but fairly submits that they are on bail in all the
pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned 3rd Exclusive Special Excise Court, Saran at Chapra in
connection with Sadar Excise P.S. Case No. 81 of 2026, subject
to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.33899 of 2026(2) dt.15-05-2026
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on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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