Patna High Court
Suresh Nut @ Suresh NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to specified conditions.
Summary
The petitioner, Suresh Nut, was arrested on 5 May 2026 in connection with a case of illegal liquor possession under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution alleged that the petitioner was seen fleeing the scene where 40 litres of illicit country-made liquor were recovered, based on the testimony of a co‑accused and a local chowkidar. The petitioner contended that he was falsely implicated, that no liquor was found in his conscious possession, and that the seizure procedures violated mandatory provisions of Sections 103 and 105 of the Bihar Narcotic and Substance Act, 2023. The Additional Public Prosecutor opposed bail, citing a prior case, though the petitioner was already on bail in that matter. The High Court, after considering the facts, 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.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged involvement in illegal liquor possession under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the seizure and documentation complied with Sections 103 and 105 of the Bihar Narcotic and Substance Act, 2023.
- Whether the petitioner’s alleged role, based solely on co‑accused and chowkidar testimony, justifies continued detention.
Legislation cited
- Bihar Narcotic and Substance Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illegal liquor
- prohibition act
- seizure compliance
- sections 103
- section 105
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40914 of 2026
Arising Out of PS. Case No.-757 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Suresh Nut @ Suresh Nat S/O Bhola Nut @ Nanhi Nut R/O Village-
Olhanpur, PS- Marhworah, Distt- Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.05.2026 in connection with Marhworah P.S. Case No. 757 of
2025 for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Amendment Act 2022.
3. According to prosecution case as per the written
complaint of informant Arun Kumar, who is posted as an ASI in
Marwaroh Police Station Saran, is that on 16.11.2025 at around
02:00 PM, while patrolling they got a secret information that
Lalbabu Nut and Suresh Nut were selling illegal liquor in the
front of the house of Lalbabu Nut. Thereafter upon informing
the superior officials the informant along with police party
reached at the house of Lalbabu Nut and started searching.
Patna High Court CR. MISC. No.40914 of 2026(2) dt.30-06-2026
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Meanwhile they have seen two person carrying plastic gallon
has left that gallon and fled away. Upon inquiry the local
Chowkidar have disclosed the name of absconder as Lalbabu
Nut and Suresh Nut (Petitioner herein). Thereafter the police
party has searched the plastic gallon and found 20-20 liter of
country made liquor from the gallon left by Lalbabu Nut and
Suresh Nut. Total recovered quantity was 40 Liters of illicit
country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case on the
basis of disclosure made by apprehended co-accused person,
namely, Lalbabu Nut. It is next submitted that it appears from
the FIR and seizure list that nothing has been recovered from
the conscious possession of the petitioner rather the recovery
has been made from the place of occurrence. It is next submitted
that petitioner has no role at all in the present occurrence and he
has been made an accused in this case on the basis of disclosure
made by local chowkidar who has seen the petitioner escaping
from the place of occurrence. It is next submitted that from
perusal of the seizure list it appears that the seizure list
witnesses are police personnel so there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
Patna High Court CR. MISC. No.40914 of 2026(2) dt.30-06-2026
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and petitioners are in custody since 05.05.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of one case other than the
present case but fairly submits that the petitioner is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances,
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 the learned 2nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Marhowrah P.S. Case No. 757 of 2025, subject to 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
on his absence on two consecutive dates without sufficient
reason, his 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
Patna High Court CR. MISC. No.40914 of 2026(2) dt.30-06-2026
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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)
Gaurav Sinha/-
U T
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