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Patna High Court

Sonu NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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