Patna High Court

Bala Nut @ Bala Kumar Nat @ Bala NatversusThe State of Bihar

Decided: 29 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Bala Nut, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 210 litres of liquor were recovered from an open area. He contended that he had no possession of the liquor, that the recovery was from a publicly accessible place, and that no incriminating material linked him to the offence. The petitioner had been in custody since 22‑12‑2025 and possessed seven prior criminal antecedents, and the prosecution argued against bail. The State opposed the bail application, while the court noted the lack of compliance with Section 103 of the BNSS, 2023. Considering the circumstances, the court decided to grant bail, subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and trial attendance. The bail order was conditioned on the framing of charges, if not already done.

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, custody period, and prior criminal antecedents.
Whether the procedural requirement of Section 103 of the BNSS, 2023 has been complied with.

Subjects

bail
prohibition law
excise
criminal procedure
Section 30(a)
Bihar Prohibition and Excise Act
prior criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5628 of 2026
                     Arising Out of PS. Case No.-309 Year-2024 Thana- MADHAURAH District- Saran
                 ======================================================
                 Bala Nut @ Bala Kumar Nat @ Bala Nat Son of Dinesh Nut R/o - Mirzapur,
                 Vajitbhoraha, (Bazid Bhoraha), P.S - Madhaurah, District - 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 :      Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Marhowarh (Madhaurah) PS Case No. 309 of 2024 instituted for

                   the offences under Section/s 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 210 liters

                   liquor was recovered from gallons, sac and bag.

                           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 from an open place, which is accessible to one
           Patna High Court CR. MISC. No.5628 of 2026(2) dt.29-01-2026
                                                       2/2




                     and all. The petitioner is in custody since 22.12.2025 and has

                     got seven 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 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 Marhowarh (Madhaurah) PS Case No. 309

                     of 2024, 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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