Santosh Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8132 of 2026 Arising Out of PS. Case No.-207 Year-2025 Thana- JALALPUR District- Saran ====================================================== Santosh Nut S/o Late Dinanath Nut R/o Village- Mangolapur, P.S.- Jalalpur, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-02-2026 Heard Mr. Hemant Kumar, learned counsel appearing on behalf of the petitioner and Mr. Tarkeshwar Nath Thakur learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jalalpur P.S. Case No. 207 of 2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 5 litres of illicit liquor was recovered from a bush.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that recovery of illicit liquor has been made from the bush, which is an open space and is easily accessible by anyone. Petitioner has

Patna High Court CR. MISC. No.8132 of 2026(2) dt.17-02-2026 2/3 no concern either with the place of recovery or with the alleged recovered liquor.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the fact that recovery of illicit liquor has been made form an open space and also the fact that the State has failed to implement its liquor policy in its true spirit, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court where the case is pending in connection with Jalalpur P.S. Case No. 207 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the

Patna High Court CR. MISC. No.8132 of 2026(2) dt.17-02-2026 3/3 petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T