Patna High Court
Sattar NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner on the condition of a cash bond and sureties.
Summary
The petitioner, Sattar Nat, was arrested in connection with a case under Section 30(a) of the Bihar Excise Act after 90 litres of country-made liquor were recovered from his motorcycle. He contended that the liquor was not in his conscious possession and highlighted his lack of prior criminal record, having been in custody since 9 May 2026. The State opposed the bail application. The court, noting the absence of conscious possession and the petitioner's clean antecedent, decided to grant bail. Bail was set at a cash bond of Rs.10,000 with two sureties of the same amount, to be deposited with the Exclusive Special Excise Court. The order was made on a prima facie basis, without prejudice to the trial's merits.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Excise Act given the circumstances of the alleged possession and his custodial status.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- possession
- liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 39285 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- BABURA District- Bhojpur
======================================================
Sattar Nat S/O Jita Nat Resident of Village- Pachrukhiya, P.S. Babura,
District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Babura P.S. Case No.
45 of 2026 registered under Section 30(a) of the Bihar Excise
Act.
3. The allegation is that 90 litres of country made
liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner submits that the
recovery has not been made from the conscious possession of
the petitioner. He further submits that the petitioner is in custody
since 09.05.2026 and has no criminal antecedent.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the recovery has not been made
Patna High Court CR. MISC. No. 39285 of 2026(2) dt.17-06-2026
2/2
from the conscious possession of the petitioner and the
petitioner is in custody since 09.05.2026 and has no criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of learned Exclusive Special Excise
Court No.1st, Bhojpur at Ara in connection with
Babura P.S. Case No. 45 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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