Patna High Court
Kaku Nat @ Kirani NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Kaku Nat, was arrested on 22 April 2026 in connection with the seizure of 250 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was recovered from a pick‑up van and not from his conscious possession, and that he was not the owner of the vehicle, invoking non‑compliance with Sections 103 and 105 of the Bihar Narcotic and Substance Seizure Act, 2023. The State opposed bail, noting the petitioner’s apprehension at the scene and his involvement in three other cases, though he was on bail in those matters. The Court examined the arguments and, considering the lack of direct possession and the procedural issues raised, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the 1st Exclusive Special Excise Court, Saran.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of seizure and alleged non‑possession.
- Whether the alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic and Substance Seizure Act, 2023, warrants denial of bail.
- Whether the petitioner’s other pending cases affect the grant of bail in the present matter.
Legislation cited
- Bihar Narcotic and Substance Seizure Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- seizure
- procedural compliance
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39826 of 2026
Arising Out of PS. Case No.-318 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Kaku Nat @ Kirani Nat S/O Chandrika Nat R/O Vill.- Kopa, P.S- Kopa,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr.Ajay Kumar Singh No. I, learned counsel
for the petitioner and Mr.Nirmal Kumar Sinha, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
22.04.2026 in connection with Baniyapur P.S. Case No. 318 of
2026, F.I.R. dated 21.04.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 250 liters of illicit liquor.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that
noting has been recovered from conscious possession of the
petitioner rather the recovery has been made from the Pick-Up
Van in question and altogether 250 liters of illicit liquor was
Patna High Court CR. MISC. No.39826 of 2026(2) dt.23-06-2026
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recovered from the vehicle in question and petitioner alongwith
co-accused persons, who were apprehended at the place of
occurrence. Learned counsel for the petitioner submits that the
petiitoner is not the owner of the vehicle in question and the
seizure list witnesses are police personnel, so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 22.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner was
apprehended at the place of occurrence, apart from that, the
petitioner carries three more cases 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 1st Exclusive Special Excise
Court, Saran at Chapra in connection with Baniyapur P.S. Case
No. 318 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
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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
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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