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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

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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