Patna High Court
Chawkalet Nut @ Chaklet NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Chawkalet Nut, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 270 litres of liquor from a bush behind a co-accused's hut. He was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred on land that does not belong to him. The petitioner, who has three prior excise cases, argued that he was implicated solely on the basis of a chowkidar's statement without a proper investigation and has been in custody since 26‑10‑2025. The State opposed bail. The court, noting the lack of possession, the questionable basis of the accusation, and the petitioner’s right to bail, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the alleged offence and the manner of investigation.
Subjects
- bail
- excise offence
- Bihar Prohibition and Excise Act
- criminal procedure
- possession
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5297 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- BHELDI District- Saran
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Chawkalet Nut @ Chaklet Nat S/o- Late Rajendra Nut village - Jalalpur,
Patrohi Kala, P. S - Bheldi, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar
For the Opposite Party/s : Mr. Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 270 litres of liquor from a bush
situated behind the hut of co-accused. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of chowkidar but
then it is submitted that once an accused is implicated in a case
Patna High Court CR. MISC. No.5297 of 2026(2) dt.30-01-2026
2/2
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation and
the petitioner is in custody since 26.10.2025.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Bheldi
P.S. Case No.253/2025.
(Satyavrat Verma, J)
amit/-
U T
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