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Patna High Court

Loha NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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