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Patna High Court

Manoj NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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