Patna High Court
Bhim Bali NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.15,000, two sureties and conditions of appearance.
Summary
The petitioner, Bhim Bali, was arrested in connection with a case involving alleged illegal possession of 10 litres of liquor and offences under several sections of the Indian Penal Code and the Bihar Prohibition and Excise Act. The prosecution alleged that liquor was recovered from a plastic gallon, while the petitioner claimed innocence, stating that no incriminating material was found in his possession and that his name was disclosed by a local watchman. He had been in custody since 15‑11‑2025 and had four prior criminal antecedents, all of which were on bail, and argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail. Considering the circumstances, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences alleged under the IPC and Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 147, 337, 341, 353, 504
Subjects
- bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- section 103
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90412 of 2025
Arising Out of PS. Case No.-829 Year-2020 Thana- MADHAURAH District- Saran
======================================================
Bhim Bali Nut S/O Dinesh Nut R/O Village- Vajit Bhoraha, P.S- Marhowrah,
Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar Biar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 31-01-2026 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. 829 of 2020, instituted for the
offences punishable under Sections 147, 341, 337, 353, 504 of
the Indian Penal Code, read with Sections 30, 30(a) and 45 of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 10 liters
liquor was recovered from plastic gallon.
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
Patna High Court CR. MISC. No.90412 of 2025(3) dt.31-01-2026
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also 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 chaukidar. It is
further submitted that the alleged recovery has been made from
an open place and the same is easily accessible to the public at
large. The petitioner is in custody since 15.11.2025 and has got
four criminal antecedents 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 Marhowrah P.S.
Case No. 829 of 2020, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.90412 of 2025(3) dt.31-01-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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