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Patna High Court

Rajesh Nat @ Sanoj NatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, finding that the circumstances did not warrant continued detention.

Summary

The petitioner, Rajesh Nat, was arrested after 30 litres of foreign liquor was recovered from a gallon he was carrying, under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the liquor was found in an open area and he was merely a passerby, and that no incriminating material was found in his conscious possession. The State opposed bail, while the petitioner highlighted his prolonged custody since 14‑12‑2025, a prior criminal antecedent, and non‑compliance of Section 103 of the BNSS, 2023. The Court, considering the circumstances and lack of direct evidence, decided to grant bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
  • Whether the recovery of liquor from an open place and lack of incriminating material in the accused's possession justify bail

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 30
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.997 of 2026
                       Arising Out of PS. Case No.-353 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Rajesh Nat @ Sanoj Nat Son of Chandrama Nut Resident of Village - Turki
                 Nut Toli, Police Station - Panapur, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mili Kumari, Adv.
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Panapur

                   PS Case No. 353 of 2025 instituted for the offences under

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

                           3. The prosecution case, in short, is that 30 liters of

                   foreign liquor was recovered from the gallon carried by

                   petitioner and the petitioner was arrested on the spot.

                           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.997 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner submits that the recovery has been made from

                     an open place which is accessible to one and all and petitioner

                     was only the passerby of the way and has become victim of the

                     circumstances. The petitioner is in custody since 14.12.2025 and

                     has got one criminal antecedent. There is no compliance of

                     Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Panapur PS Case No. 353 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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