Patna High Court

Pradhan Nut @ Khelari Nut @ Khiladi 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 Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Pradhan Nut, feared arrest in a case (PS No. 247 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act after 96 litres of illicit liquor and related equipment were recovered from his premises. He contended that his name was implicated solely on the confessional statement of a co‑accused, that he had no knowledge of the recovery, and that the seizure was made from an open public area, rendering the case prima facie weak. He also argued that the investigation failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and highlighted his clean criminal record. The State opposed the grant of bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail, subject to a bond of Rs. 15,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the investigation complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023

Legislation cited

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

Subjects

anticipatory bail
illicit liquor
prohibition law
Section 30
Section 482
Section 103
criminal procedure
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6258 of 2026
                         Arising Out of PS. Case No.-247 Year-2025 Thana- MAKER District- Saran
                 ======================================================
                 Pradhan Nut @ Khelari Nut @ Khiladi Nat S/O Giri Nut Village- 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 :        Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026                    Heard Mr. Alok Kumar Alok, learned counsel for the

                   petitioner and Mrs. Renu Kumari, learned APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Maker P.S. Case No. 247 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

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

                   of illicit liquor along with liquor manufacturing articles such as

                   gas cylinder, stoves and tasla etc. was recovered from the

                   palani of the petitioner.
Patna High Court CR. MISC. No.6258 of 2026(2) dt.03-02-2026
                                            2/3




                     4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case. The

          name of the petitioner transpired in this case on the basis of

          confessional statement of the apprehended co-accused. Learned

          counsel further submitted that petitioner has no knowledge and

          concern with the alleged recovery. Learned counsel further

          submitted that the alleged recovery has been made from an open

          place which is accessible to public at large. Learned counsel ,

          therefore, submitted that prima-facie, no case is made out

          against the petitioner. The petitioner has no criminal antecedent.

          There is no compliance of Section 103 of the Bharatiya

          Nagarika 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

          of the case, let the petitioner, above named, in the event of

          arrest/surrender before the lower court 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.6258 of 2026(2) dt.03-02-2026
                                                       3/3




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

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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