Patna High Court
Julfekar Nat @ Julphekar NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Julfekar Nat, sought bail in a case (Uchkagaon P.S. Case No. 268 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 99 litres of liquor were recovered from two motorcycles. The petitioner claimed false implication, stating no liquor was found in his possession and he had no connection with the vehicles, though he had been in custody since 24‑12‑2025 and possessed two prior criminal antecedents. The State opposed bail, arguing the seriousness of the offence. The court noted the lack of incriminating material against the petitioner and the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, but considered the period of custody already endured. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, must be satisfied before granting bail.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
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.8254 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- UCHKAGAON District- Gopalganj
======================================================
Julfekar Nat @ Julphekar Nut Son of Mohan Nat Resident of Village -
Bhuwla @ Bhuwala, P.S. - Uchkagaon, Dist. - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Roy, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, 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
Uchkagaon P.S. Case No. 268 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 99 litres
of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicles in
Patna High Court CR. MISC. No.8254 of 2026(2) dt.10-02-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 24.12.2025 and has two criminal antecedents.
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 as also 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 Uchkagaon P.S. Case
No. 268 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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