Patna High Court

Sonu NutversusThe State of Bihar

Decided: 18 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted regular bail to the petitioner upon furnishing a bond of Rs.5,000 with two sureties.

Summary

The petitioner, Sonu Nut, was charged under multiple sections of the Indian Penal Code (147, 148, 149, 341, 323, 325, 332, 333, 307, 353) and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 75 litres of liquor near a canal. He has six prior cases under the Excise Act and was taken into custody on 18‑02‑2026, though the police did not arrest him at the spot and no liquor was found in his possession. The petitioner argued that he was implicated by a hostile chawkidar without proper investigation and that he would not abscond if released on bail. The State opposed the bail on the ground of the seriousness of the offences and the petitioner’s antecedent record. The Court, after considering the submissions, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of the offences and his prior excise cases
Whether the lack of possession and alleged procedural lapses in the investigation justify granting bail

Legislation cited

Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 332, 333, 341, 353

Subjects

bail
Indian Penal Code
excise law
possession
police investigation
surety
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19628 of 2026
                     Arising Out of PS. Case No.-746 Year-2023 Thana- MADHAURAH District- Saran
                 ======================================================
                 Sonu Nut S/o Daharu Nut Resident of Village- Mirjapur Bajit Bhorha, P.S.-
                 Marhowrah, Distt.- Saran
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 147, 148, 149, 341, 323, 325,

                   332, 333, 307 and 353 of the Indian Penal Code as well as Section

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases under the Excise Act and

                   allegation is of recovery of 75 litres of liquor from a place near the

                   canal.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner and

                   is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated at the instance of the Chawkidar
           Patna High Court CR. MISC. No.19628 of 2026(2) dt.18-04-2026
                                                       2/2




                     with whom he is on an inimical term. It is next submitted that once

                     an accused is implicated in a case relating to excise the police start

                     implicating mechanically either at the instance of the Chawkidar,

                     local person, confessional statement or secret information without

                     holding a proper investigation of the case. It is also submitted that

                     petitioner is in custody since 18.02.2026 and if the privilege of

                     regular bail is granted to the petitioner, the petitioner will not

                     abscond rather will cooperate in the trial to prove his innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner, above-

                     named, is directed to be released on bail on furnishing bail bonds of

                     Rs.5,000/- (Rupees Five Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Trial Court where the

                     case is pending in connection with Marhowrah P.S. Case No. 746 of

                     2023.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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