Patna High Court
Bala Nut @ Bala Kumar Nat @ Bala NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to specified conditions.
Summary
The petitioner, Bala Nut, was arrested in connection with a case alleging possession of 120 litres of liquor, charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The prosecution’s case is based on the recovery of liquor from a public place and a statement by a local watchman, with no material seized from the petitioner’s possession. The petitioner, who has seven prior criminal records, sought bail after an earlier anticipatory bail application was withdrawn. The State opposed bail, but the court noted the lack of direct evidence, the public nature of the seizure, and the fact that a co‑accused had already been granted bail. Consequently, the court granted bail on the condition of a Rs.15,000 bond, two sureties, and compliance with several procedural conditions.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
- Whether the lack of incriminating material in the petitioner’s possession and the public nature of the liquor seizure justify bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- anticipatory bail
- Bihar
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6862 of 2026
Arising Out of PS. Case No.-247 Year-2025 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. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Marhowrah (Madhaurah) P.S. Case No. 247 of 2025, instituted
for the offences punishable under Sections 30(a) and 41(1) of
the Bihar Prohibition and Excise Act.
3. Earlier, anticipatory bail of the petitioner has been
dismissed as withdrawn by a co-ordinate Bench of this Court
vide order dated 30.01.2026 passed in Cr. Misc. No. 83314 of
2025.
4. The prosecution case, in short, is that 120 liters
liquor was recovered from Vajitboraha Chaur.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.6862 of 2026(4) dt.11-03-2026
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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. Learned counsel
for the petitioner also submitted that the alleged recovery has
been made from an open place and the same is easily accessible
to the public at large. It is next submitted that name of the
petitioner has transpired in this case on the basis of disclosure
made by local chaukidar. The petitioner is in custody since
23.12.2025 and has got seven criminal antecedents. Learned
counsel for the petitioner further submits that other co-accused
has been granted regular bail by this Court vide order dated
18.11.2025 passed in Cr. Misc. No. 78022 of 2025. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. 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.
8. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
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like amount each to the satisfaction of Court below/concerned
Court in connection with Marhowrah (Madhaurah) P.S. Case
No. 247 of 2025, 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 and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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