Patna High Court
Sonu Thakur @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Sonu Thakur, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly keeping illicit liquor for sale. The police alleged that he fled the scene after a search recovered 45 litres of illicit liquor, but the petitioner claimed he was falsely implicated and that the flight allegation was fabricated. He argued that no liquor was found in his possession, he has no prior criminal record, and a co‑accused had already been granted bail. The State opposed the bail, citing the seriousness of the offence and a victim’s statement recorded under Section 183 of the B.N.S.S. The court, after considering the circumstances and the victim’s statement, ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The application for bail was therefore allowed.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the allegation of fleeing the scene is sufficient to deny bail.
- Whether the petitioner’s lack of prior criminal record and the co‑accused’s bail affect the bail decision.
Legislation cited
- B.N.S.S. — s. 183
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 183
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19560 of 2026
Arising Out of PS. Case No.-234 Year-2025 Thana- PARSA District- Saran
======================================================
Sonu Thakur @ Sonu Kumar Son of Vijay Thakur R/O Village- Mizapur,
P.S.- Parsa, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Parsa P.S. Case No. 234
of 2025 dated 06.08.2025 registered for the offences punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the allegation, the informant who is police
officer got a secret information that Jaganath Manjhi, Grahan
Manjhi, Mittan Manjhi and Sonu Thakur (petitioner) had kept
hidden illicit liquor for selling in the orchard beside the house of
Jaganath Manjhi. On the said information, the place was
searched and altogether 45 liters of illicit country made liquor
Patna High Court CR. MISC. No.19560 of 2026(2) dt.25-03-2026
2/3
was recovered, while seeing the police jeep four persons fled
away and the petitioner is stated to be one of them.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case and nothing
has been recovered from the conscious possession of the
petitioner and the allegation of fleeing away is false and it is the
brain child of the local chowkidar with whom the petitioner has
got enmity. Moreover, it has been submitted that co-accused,
Jaganath Manjhi has been granted the privilege of bail by Co-
ordinate Bench of this Court by order dated 04.12.2025 passed
in Cr. Misc. No. 83501 of 2025. It is further submitted that the
petitioner is in custody since 12.01.2026 having no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, statement of the victim girl recorded under Section 183 of
B.N.S.S. and the period of custody, the petitioner above-named,
is directed to be enlarged on bail on furnishing bail-bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Saran at Chapra in connection with Parsa P.S. Case No. 234 of
Patna High Court CR. MISC. No.19560 of 2026(2) dt.25-03-2026
3/3
2025.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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