Patna High CourtCR. MISC./45128/2026bail granted

Natha Nat v. The State Of Bihar

2026-07-17Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45128 of 2026 Arising Out of PS. Case No.-182 Year-2025 Thana- MALAHI District- East Champaran ====================================================== NATHA NAT S/o Megha Nut R/o Village- Sirni, PS- Malahi, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Malahi P.S. Case No. 182 of 2025 instituted for the offences under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 60 liters liquor was recovered from straw house.

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

Patna High Court CR. MISC. No.45128 of 2026(2) dt.17-07-2026 2/3 has got no concern with the alleged recovery of liquor. It is submitted that the name of the petitioner has transpired on the basis of disclosure made by apprehended Co-accused. It is further submitted that that recovery is made from the straw house which is joint family property of the petitioner. The petitioner is in custody since 13.04.2026 and has got five criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 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, after framing of charge, if not already framed, 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 Malahi P.S. Case No. 182 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.45128 of 2026(2) dt.17-07-2026 3/3 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) sukriti/- U T