Patna High Court
Bhim Bali NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bihar Narcotic Substances Act — s. 103
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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