Patna High Court

Manoj Nut @ Manish NutversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Manoj Nut, sought bail in a case (Koran Sarai PS Case No. 150 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 6 litres of liquor were recovered from an open area near his house. The petitioner claimed innocence, stating no liquor was found in his possession and that the recovery was from a public place, with his name implicated only by a local watchman's statement. The State opposed bail, while the petitioner highlighted the lack of incriminating material, his custody since 28‑12‑2025, a prior criminal antecedent, and non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, considering the facts, the duration of custody, and the absence of direct evidence, decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the circumstances of the case, including lack of incriminating material and period of custody, justify bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
criminal procedure
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7977 of 2026
                     Arising Out of PS. Case No.-150 Year-2025 Thana- KORANSARAI District- Buxar
                 ======================================================
                 Manoj Nut @ Manish Nut Son of Vakil Nut R/o Village - Mahila, P.S. -
                 Koransarai, Dist. - Buxar.
                                                                      ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Dimpal Kumari, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Koran

                   Sarai P.S. Case No. 150 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 06 liters

                   liquor was recovered from open place near the house of the

                   petitioner.

                                 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. Learned counsel
             Patna High Court CR. MISC. No.7977 of 2026(2) dt.10-02-2026
                                                         2/2




                       for the petitioner also submtited that the alleged recovery has

                       been made from an open place near the house of the petitioner

                       and the same is easily accessible to the public at large. It is

                       further submitted that the petitioner was not arrested on spot.

                       Name of the petitioner has transpired in this case on the basis of

                       disclosure made by local chowkidar. The petitioner is in custody

                       since 28.12.2025 and has got one criminal antecedent in which

                       he is on bail. 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

                       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 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 Koran Sarai P.S.

                       Case No. 150 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…