Patna High Court

Amarjeet Nut @ Amarjit NatversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner subject to conditions.

Summary

The petitioner, Amarjeet Nut, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 2 litres of illicit country-made liquor recovered from a public area outside his house. He contended that he was falsely implicated, no liquor was found in his conscious possession, and the recovery was from an open place accessible to the public. The State opposed bail, citing the seriousness of the offence and the petitioner’s four prior criminal antecedents, while also noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court examined the facts, the lack of direct possession, and the period of custody, and decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates, with cancellation possible after two consecutive defaults.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarika Suraksha Sanhita
Section 103
criminal antecedents
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4130 of 2026
                  Arising Out of PS. Case No.-477 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Amarjeet Nut @ Amarjit Nat S/O Late Ambika Nut Resident of Village -
                 Sirsha Saradha, P.S.- Baikunthpur, District- Gopalganj
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :      Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Baikunthpur P.S. Case No. 477 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 2 litres of

                   illicit country-made liquor has been recovered from plastic

                   bottle in front of the house of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large. The

                   petitioner has got no concern with the alleged recovery of
             Patna High Court CR. MISC. No.4130 of 2026(2) dt.27-01-2026
                                                         2/2


                       liquor. The petitioner is in custody since 11.12.2025 and has

                       four criminal antecedents. There is no compliance of Section

                       103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                       the case as also the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Baikunthpur P.S.

                       Case No. 477 of 2025, subject to the following conditions:-

                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T

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