Patna High Court
Chandan NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding no sufficient grounds to continue his detention.
Summary
The petitioner, Chandan Nut, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 13 litres of liquor were recovered from his residence, which is a joint family house. The petitioner claimed innocence, arguing that no liquor was found in his personal possession and that he was falsely implicated. The State opposed bail, citing the petitioner’s two prior criminal antecedents and the fact that Section 103 of the BNSS, 2023 had not been complied with. The Court examined the facts, the length of custody since 7 December 2025, and the lack of incriminating material directly linking the petitioner to the liquor. Considering these circumstances, the Court decided to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023
- Whether the recovery of liquor from a joint family house establishes sufficient grounds to deny bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- joint family house
- possession
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3522 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Chandan Nut S/O Shambhu Nut R/O Village- Lalan Ji Ka Dra, P.S-
Brahampur, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Brahmpur PS Case No. 239 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 13 liters
liquor was recovered from the petitioner’s house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is made from the joint house of the petitioner,
Patna High Court CR. MISC. No.3522 of 2026(2) dt.19-01-2026
2/2
where other family members also reside. The petitioner is in
custody since 07.12.2025 and has got two criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Brahmpur PS Case
No. 239 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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