Patna High Court
Mukurdhan Nut @ Makuradhan Nut @ Makurdhan NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with specified conditions.
Summary
Mukurdhan Nut was arrested on 10 May 2026 in connection with a case involving the seizure of 75 litres of country-made liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The seizure was made from the place of occurrence based on information from local villagers, and no liquor was found in the petitioner's conscious possession. The petitioner, who has six other similar cases pending but is already on bail in those, applied for bail. The State opposed, citing the pending cases, but the court noted the lack of direct evidence linking the petitioner to the seized liquor. The High Court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding cooperation with the trial, presence in court, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seizure of liquor and pending similar cases.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- seizure
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37506 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- DORIGANJ District- Saran
======================================================
Mukurdhan Nut @ Makuradhan Nut @ Makurdhan Nat S/o Late Lulha Nut
R/o vill - Musepur Nut Toli, P.S.- Doriganj, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Ms. Shweta Anand, learned counsel for the
petitioner and Mr. Mritunjay Kumar Nirala, the learned A.P.P.
for the State.
2. The petitioner seeks bail, who is in custody since
10.05.2026 in connection with Doriganj P.S. Case No. 99 of
2026, F.I.R. dated 22.02.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 75 liters of country-made liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from the place
of occurrence. The name of the petitioner has been transpired
Patna High Court CR. MISC. No.37506 of 2026(2) dt.17-06-2026
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during investigation on the basis of the disclosure made by the
local villagers and except the aforesaid, nothing has come
during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence and the
petitioner is in custody since 10.05.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
six more cases of similar nature other than the present one but
he fairly submits that the petitioner is on bail in all the cases, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge Excise-3, Saran
at Chapra in connection with Doriganj P.S. Case No. 99 of 2026,
with the following conditions:-
(I) Petitioner 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
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
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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 petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Nitesh/-
U T
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