Patna High Court
Loha NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Loha Nut, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 10,400 litres of liquor recovered from a thatched hut belonging to his joint family. He claimed innocence, stating no incriminating material was found in his personal possession and that the recovery was from the family hut. The State opposed bail, while the petitioner highlighted his clean antecedent except for four prior convictions and the lack of compliance with Section 103 of the BNSS, 2023. The court considered the facts, the petitioner’s custody period since 18‑12‑2025, and his antecedents, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with bail liable to cancellation on two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the accused’s antecedents.
- Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- antecedents
- surety
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4279 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- MASHRAK District- Saran
======================================================
Loha Nut S/o Late Darshan Nut R/o village - Jajauli, P.S - Mashrakh , District
- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, 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
Masharkh PS Case No. 423 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 10.400 liters
liquor was recovered from thatched hut.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is made from the hut belonging to joint family of
Patna High Court CR. MISC. No.4279 of 2026(2) dt.27-01-2026
2/2
the petitioner. The petitioner is in custody since 18.12.2025 and
has got four criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioner and 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Masharkh PS Case
No. 423 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)
Raj Kishore/-
U T
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