Rukesh Nat @ Rukesh Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25631 of 2026 Arising Out of PS. Case No.-79 Year-2026 Thana- PANAPUR District- Saran ====================================================== Rukesh Nat @ Rukesh Nut S/o Mangru Nut R/o Village- Dubauli, Police Station-Panapur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Tiwary, Advocate.
For the Opposite Party/s :
Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in connection with Panapur P.S. Case No. 79 of 2026 registered for the offence punishable under Sections 274, 275, 123, 110, 105, 238, 61(2) of the B.N.S., 2023 and Section 30(a) of the Bihar Prohibition & Excise Act.
3. The case of the prosecution, in short, is that Dharmendra Rai (deceased) had consumed liquor with Pappu Kumar, Tusa Nat, and the petitioner, due to which he became unconscious, and during the course of treatment, he died.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.25631 of 2026(3) dt.12-05-2026 2/3 case. He further submits that, from perusal of the FIR, it transpires that no force was used upon the deceased; rather, the deceased himself had consumed liquor along with the petitioner and two other persons. It is further submitted that the petitioner was neither the manufacturer nor the seller of the said liquor. According to the confessional statements recorded during investigation, the liquor had been purchased from one Suraj. Learned counsel further submits that the petitioner had also purchased the liquor from Suraj, and the chemical examination report of the liquor is available in the case diary, which indicates that the liquor was found to be spurious, containing 17.9% ethyl alcohol which is unfit for human consumption.
It is further submitted that the petitioner was unaware of the nature and quality of the liquor consumed by them, and they came to know about the same only after the chemical examination report was received. Learned counsel submits that the petitioner had no intention to commit any offence against the deceased, as they were co-villagers. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 13.03.2026.
5. The application for bail is opposed by learned APP for the State.
Patna High Court CR. MISC. No.25631 of 2026(3) dt.12-05-2026 3/3
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Panapur P.S. Case No. 79 of 2026.
(Ashok Kumar Pandey, J) Sudhanshu/- U T