Patna High Court

Mukhiya Nut @ Karan Nut @ Karan NatversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Mukhiya Nut, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 96 litres of liquor recovered from his joint house. He claimed innocence, arguing that the allegation was based solely on a local watchman's disclosure and that he had no criminal antecedent. The petitioner sought anticipatory bail, contending that the co-accused had already been granted regular bail and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs. 15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Whether the petitioner’s alleged involvement, based on a watchman's disclosure, establishes a prima facie case.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
liquor possession
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6207 of 2026
                         Arising Out of PS. Case No.-247 Year-2025 Thana- MAKER District- Saran
                 ======================================================
                 Mukhiya Nut @ Karan Nut @ Karan Nat S/O Giri Nut R/O Vilage- Kasba
                 Maker Tola, Chakiya, P.S.- Maker, District- Saran.


                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Maker P.S. Case No. 247 of 2025, registered under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 96 liters

                   liquor was recovered from the Palani of the petitioner and co-

                   accused person.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no concern with the alleged

                   recovery of liquor. Learned counsel for the petitioner also
Patna High Court CR. MISC. No.6207 of 2026(2) dt.03-02-2026
                                            2/3




          submitted that the alleged recovery has been made from the

          joint house (Palani) of the petitioner where other family

          members also reside. It is next submitted that name of the

          petitioner has transpired in this case on the basis of disclosure

          made by local chaukidar. Learned counsel for the petitioner,

          therefore, contends that prima-facie, no case is made out against

          the petitioner. The petitioner has got no criminal antecedent.

          Learned counsel for the petitioner further submits that other co-

          accused has been granted regular bail by this Court vide order

          dated 16.12.2025 passed in Cr. Misc. No. 86863 of 2025. There

          is no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named in the event of arrest/surrender

          before the learned Court below within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Maker P.S. Case No.

          247 of 2025, subject to the conditions as laid down under
             Patna High Court CR. MISC. No.6207 of 2026(2) dt.03-02-2026
                                                         3/3




                       Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                       2023.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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