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Patna High Court

Bhim Bali NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to monetary bond, sureties, and compliance conditions.

Summary

The petitioner, Bhim Bali, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 210 litres of illicit country-made liquor. He contended that he was falsely implicated based solely on a chowkidar's disclosure, that no liquor was found in his possession, and that the prosecution failed to comply with Section 103 of the Bihar Narcotic Substances Act, creating reasonable doubt. The State opposed bail, arguing the seriousness of the offence. The court, after considering the facts, the petitioner’s three prior convictions, and his prolonged pre‑trial custody since 11‑08‑2025, granted bail on the condition of a Rs.15,000 bond, two sureties, family involvement, and strict compliance with court appearances. The bail order also stipulated cancellation of the bond if the petitioner missed two consecutive court dates without sufficient cause.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances Act creates sufficient doubt to merit bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • pre‑trial detention
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88733 of 2025
                     Arising Out of PS. Case No.-309 Year-2024 Thana- MADHAURAH District- Saran
                 ======================================================
                 Bhim Bali Nut S/o Dinesh Nut R/o Village- Vajit Bhoraha, PS- Marhowarah,
                 Distt.- Saran

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

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

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Marhowrah P.S. Case No. 309 of 2024 instituted for the offences

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

                                3. As per prosecution case, the police has recovered

                   total 210 liters of illicit country-made liquor from the place of

                   occurrence.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged

                   against him and has falsely been implicated in the present case

                   merely on the basis of suspicion. The petitioner was not

                   apprehended at the place of occurrence and his name has come
Patna High Court CR. MISC. No.88733 of 2025(2) dt.13-01-2026
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          in this case on the basis of the disclosures made by the local

          Chowkidar. He further submits that nothing incriminating has

          been recovered from the conscious possession of the petitioner.

          The petitioner has no concern with the seized liquor. The

          petitioner has never indulged either in manufacturing or trading

          of the illicit liquor. There is a non-compliance of Section 103 of

          the B.N.S.S. which creates a serious doubt in the prosecution

          case. The petitioner has altogether three criminal antecedents

          and is languishing in judicial custody since 11.08.2025 without

          any rhymes or reason.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner.

                       6. Having heard rival contention of both the parties

          and considering the entire facts and circumstances of the case as

          also taking into account the period of custody of the petitioner,

          let the petitioner, abovenamed, 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 Marhowrah P.S.

          Case No. 309 of 2024, subject to the following conditions;

                       (i) One of the bailor(s) shall be the own/close family

          members of the petitioner.
           Patna High Court CR. MISC. No.88733 of 2025(2) dt.13-01-2026
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                                  (ii) The petitioner shall cooperate in the trial and shall

                     be properly represented on each and every date fixed by the

                     court and shall remain physically present as directed by the

                     Court and in the event of failure on two consecutive dates

                     without sufficient reasons, his bail bond shall be liable to be

                     cancelled by the court below.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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