Santosh Nut v. The State of Bihar

Patna HC17 Feb 2026CR. MISC./8132/2026

Case brief

AI extract

What is this about?

pre-arrest bail; anticipatory bail; Bihar Prohibition and Excise Act; Section 30(a); illicit liquor; recovery from bush/open space; Section 482(2) BNSS; Jalalpur P.S. Case No. 207 of 2025; Saran; Santosh Nut; Patna High Court; Criminal Miscellaneous No.8132 of 2026; bail bond Rs. 10,000; two sureties; criminal antecedents verification; liquor policy implementation.

What did the court decide?

Pre-arrest bail granted in connection with Jalalpur P.S. Case No. 207 of 2025; release ordered on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS; order to lapse automatically if criminal antecedent verification discloses involvement in other cases stated in paragraph no.3 of the bail application. ¶¶20

Santosh Nut Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

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

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Court's answer

Having considered the rival submissions, the FIR allegation, the fact that the illicit liquor was recovered from an open space, and the State's failure to implement its liquor policy in its true spirit, the petitioner has prima facie made out a case to be released on pre-arrest bail.

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Ratio / Principle

The petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

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Key takeaways

The learned District Court is directed to verify the petitioner's criminal antecedents; if the petitioner is found involved in some other cases, as stated in paragraph no.3 of the bail application, this order will automatically lose its force.ratio¶¶23

Detailed headnote1 paragraphs

Pre-arrest bail granted - Patna High Court (Purnendu Singh, J) allowed anticipatory bail to Santosh Nut in connection with Jalalpur P.S. Case No. 207 of 2025 (District Saran), registered for offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act, wherein the FIR alleged recovery of 5 litres of illicit liquor from a bush. Finding the recovery was made from an open space easily accessible to anyone, and noting the State's failure to implement its liquor policy in its true spirit, the Court held the petitioner had prima facie made out a case for pre-arrest bail. Release ordered, upon arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS; the order to lapse automatically if the District Court's verification of criminal antecedents shows involvement in other cases stated in paragraph no.3 of the bail application.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8132 of 2026

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Arising Out of PS. Case No.-207 Year-2025 Thana- JALALPUR District- Saran

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======================================================

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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

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====================================================== Appearance : For the Petitioner/s : Mr.Hemant Kumar, Advocate For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 17-02-2026 Heard Mr. Hemant Kumar, learned counsel

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appearing on behalf of the petitioner and Mr. Tarkeshwar Nath Thakur learned APP for the State.

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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.

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

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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

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Patna High Court CR. MISC. No.8132 of 2026(2) dt.17-02-2026 2/3

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no concern either with the place of recovery or with the alleged recovered liquor.

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

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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.

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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.

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

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Patna High Court CR. MISC. No.8132 of 2026(2) dt.17-02-2026 3/3

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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.

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(Purnendu Singh, J)

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Sanjay/-

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U T

Santosh Nut v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Nut v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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