Patna High Court
Bala Nut @ Bala Kumar Nat @ Bala NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to a cash bond and specified conditions.
Summary
The petitioner, Bala Nut, was arrested in connection with a case (PS No. 829 of 2020) alleging offences under several sections of the Indian Penal Code and the Bihar Prohibition and Excise Act, stemming from an alleged attack on police during a search that yielded ten litres of liquor. The petitioner contended that he was falsely implicated, that no incriminating material was found on him, and that the liquor was recovered from a public place, with his name supplied only by a local watchman. The State opposed bail, highlighting the petitioner’s seven prior criminal convictions and arguing that he might tamper with evidence or flee. The court considered the lack of direct evidence against the petitioner, the duration of his custody, and the statutory requirements, and decided to grant bail subject to a cash bond and specific conditions. The order directed the petitioner to appear at all trial dates, prohibited tampering with evidence, and required prior permission to leave the jurisdiction.
Issues considered
- Whether bail should be granted to the petitioner despite multiple prior convictions and serious charges under the IPC and Bihar Prohibition and Excise Act.
- Whether the lack of material evidence directly linking the petitioner to the recovered liquor justifies bail.
- Whether compliance with Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023, is required for bail.
Legislation cited
- Indian Penal Code — s. 147, 337, 341, 353, 504
Subjects
- bail
- criminal procedure
- Indian Penal Code
- rioting
- assault
- Bihar Prohibition and Excise Act
- antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4332 of 2026
Arising Out of PS. Case No.-829 Year-2020 Thana- MADHAURAH District- Saran
======================================================
Bala Nut @ Bala Kumar Nat @ Bala Nat S/o Dinesh Nut R/o Village-
Mirzapur Vajitbhoraha (Bazid Bhoraha), P.S- Madhaurah, Dist- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. N.N. Tiwari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and Mr.
N.N. Tiwari, learned APP for the State.
2. The petitioner seeks bail in Marhowrah
(Madhaurah) P.S. case No. 829 of 2020 instituted for the
offences under Sections 147, 341, 337, 353, 504 of Indian Penal
Code and Sections 30, 30(a) and 45 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that during search
conducted by the police, the accused persons attacked on the
police party and later 10 liters liquor was recovered.
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
Patna High Court CR. MISC. No.4332 of 2026(2) dt.27-01-2026
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from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that recovery has been made from an open
place accessible to public at large. No specific allegation is
attributed against the petitioner. The name of the petitioner has
transpired on the basis of disclosure made by local chowkidar.
The petitioner is in custody since 22.12.2025 and has got seven
criminal antecedents. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has seven criminal antecedents and he may not be
released on bail.
6. Considering the aforesaid facts and circumstances
of the case 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, after framing
of charge, if not already framed, 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 Marhowrah (Madhaurah) P.S. case No. 829
of 2020, subject to the following conditions:
Patna High Court CR. MISC. No.4332 of 2026(2) dt.27-01-2026
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(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.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) The petitioner shall not leave the territorial
jurisdiction of the Court below without its prior permission.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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