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Patna High Court

Naresh NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, considering the clean antecedent of the petitioners, the nature of the recovery and the circumstances of custody, bail was warranted under Section 480(3) of the Bihar Prohibition and Excise Act.

Summary

Naresh Nat and Samawati Devi were arrested in a raid on allegations of selling illicit liquor, with 16 litres of country-made liquor recovered. They contended that the recovered liquor was not from their premises, that no incriminating material was found on them, and that they have clean antecedents. The State opposed their bail application. The court examined the nature of the recovery, the short period of custody, and the petitioners' clean record. Considering these factors, the court ordered their release on bail with a bond of Rs.10,000 each and specific conditions. The bail was conditioned on sureties, presence at court dates, and cancellation upon repeated non‑appearance.

Issues considered

  • Whether the petitioners are entitled to bail under Section 480(3) of the Bihar Prohibition and Excise Act given the alleged offence and their antecedents
  • Whether the recovery of illicit liquor can be linked to the petitioners for the purpose of denying bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42097 of 2026
                       Arising Out of PS. Case No.-235 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
           1.     Naresh Nat, Son of Sipahi Nat
           2.    Samawati Devi, Wife of Naresh Nat
                 Both are Residents of village - Dhenuki Nat Toli, Police Station - Panapur,
                 District - Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sachida Nand Rai, Advocate
                 For the Opposite Party/s :       Mr.Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                        Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. In the present case, the petitioners seek bail in

                   connection with Panapur P.S. Case No.235/2026, registered for

                   the offence under Section 30 (a) of Bihar Prohibition and Excise

                   Act.

                                3. As per prosecution case, on a tip off about the

                   petitioners selling illicit liquor from their hut, a raid was

                   conducted and the petitioners were apprehended when they tried

                   to flee away. From search of the place, recovery of 16 liters of

                   country made liquor was made.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.42097 of 2026(2) dt.01-07-2026
                                            2/3




          petitioners are innocent and have been falsely implicated in this

          case. Nothing incriminating has been recovered from the

          person/possession of the petitioners. The place from where

          recovery has been shown does not belong to the petitioners. The

          petitioners are in custody since 31.05.2026 and are having clean

          antecedent.

                       5. Learned A.P.P. vehemently opposes the submission

          made on behalf of the petitioners.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          nature of recovery, period of custody of the petitioners and their

          clean antecedent, the petitioners are directed to be released on

          bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) each with two sureties of the like amount each

          to the satisfaction of learned 2nd Exclusive Special Excise Judge,

          Saran at Chapra/ concerned court, in connection with Panapur

          P.S. Case No.235/2026, subject to the conditions mentioned in

          Section 480 (3) of BNSS and also the following conditions :

                                  (i) One of the bailors will be a close

                                  relative of the petitioners.

                                  (ii) The petitioners will remain present on

                                  each and every date fixed by the below, if
           Patna High Court CR. MISC. No.42097 of 2026(2) dt.01-07-2026
                                                       3/3




                                             so required by the learned trial court.

                                             (iii) In case of absence on three

                                             consecutive dates or in violation of the

                                             terms of the bail, the bail bond of the

                                             petitioners will be liable to be cancelled

                                             by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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