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Patna High Court

Kaku Nat @ Kirani NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.39826 of 2026(2) dt.23-06-2026
                                                           3/3




                         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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