Patna High Court
Sonu NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Sonu Nut, was arrested on 23 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 40 litres of illicit country-made liquor. He contended that the liquor was seized from a location (Talpuraina Chawar) unrelated to his personal possession and that his name was implicated solely on the basis of a local chowkidar’s information, with no material linking him to the offence. The prosecution opposed bail, highlighting that the petitioner has seven prior criminal antecedents. The Court examined the lack of direct possession, the claim of false implication, and the antecedent record, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedents. The bail order was directed to be implemented by the Special Excise Judge, Saran.
Issues considered
- What is the appropriate bail disposition for an accused under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was not found in his personal possession?
- Do the petitioner’s seven prior criminal antecedents justify denial of bail?
Subjects
- bail
- prohibition law
- illicit liquor
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22332 of 2026
Arising Out of PS. Case No.-798 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Sonu Nut Son of Daharu Nut Resident of Village - Vajit Bhoraha, P.S. -
Marhowrah, Dist. - 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. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Gajendra Kumar Singh, learned counsel
for the petitioner and Mr. Sanjay Kumar Tiwary, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.02.2026 in connection with Marhowrah P.S. Case No. 798 of
2025, F.I.R. dated 03.12.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 40 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from Talpuraina Chawar. He further submits that the
Patna High Court CR. MISC. No.22332 of 2026(2) dt.06-04-2026
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petitioner has no concern at all with the alleged recovery of the
illicit liquor and he has been made accused in the present case
merely on the basis of secret information. He further submits
that the allegation as alleged in the FIR is false and fabricated
and his name has been transpired in the present case on the basis
of the disclosure made by the local chowkidar and except the
aforesaid, no other material has come during investigation
which suggest the involvement of the petitioner in the present
occurrence. The petitioner is in custody since 23.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries seven criminal antecedents
other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned 2 nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Marhowrah P.S. Case No. 798 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.22332 of 2026(2) dt.06-04-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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