Patna High Court
Naresh NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a), 480(3)
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
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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
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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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