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Patna High Court

Binda NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of furnishing a bond and sureties.

Summary

The petitioner, Binda Nut, was arrested on 3 May 2026 in connection with alleged possession and recovery of large quantities of liquor and semi‑prepared liquor under Section 30(a) of the Bihar Excise Act. He contended that he had a clean antecedent, was not caught in the act, and that the seized vehicles and liquor were not in his conscious possession, alleging that a hostile watchman had implicated him. The State opposed bail, arguing the seriousness of the offences. The court considered the petitioner’s clean record, the fact that the liquor was not recovered from his direct possession, and the length of his custody. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties of the same amount, pending trial in the Baniyapur P.S. case No. 459 of 2025.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act considering the nature of the alleged offences and the circumstances of his arrest.

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • Section 30(a)
  • Bihar Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38311 of 2026
                       Arising Out of PS. Case No.-459 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Binda Nut S/o Dudhnath Nut R/o village - Harpur Karah, P.S - Baniyapur,
                 District - Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar
                 For the Opposite Party/s :       Mr. Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 03.05.2026 and allegation is of recovery of 50 liters of

                   liquor from a motorcycle along with 800 liters of semi prepared

                   liquor which was destroyed, further 140 liters of liquor from a

                   motorcycle and a Bolero vehicle, 5 liters of liquor from

                   possession of Rajdeo and 5 liters of liquor from possession of

                   Satrudhan along with 1200 liters of semi prepared liquor was

                   also recovered which was destroyed.
            Patna High Court CR. MISC. No.38311 of 2026(2) dt.01-07-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that the

                      petitioner was not apprehended from the spot as such nothing

                      was recovered from his conscious possession and is not the

                      owner of any of the seized vehicles and he came to be

                      implicated at the instance of Chowkidar with whom he is on an

                      inimical term.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner and taking into consideration the

                      period of custody, the petitioner above-named, is directed to be

                      released on bail on furnishing bail bonds of Rs. 5000/- (Rupees

                      Five Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Trial Court where the case is

                      pending/successor court in connection with Baniyapur P.S. Case

                      No. 459 of 2025.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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