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Patna High Court

Sonu Nut @ KabutariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner upon furnishing a bond and sureties.

Summary

The petitioner, Sonu Nut @ Kabutari, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of liquor from locations not belonging to him. He has eight prior cases, six under the Excise Act, and has been in custody since 23 February 2026. Counsel argued that the petitioner was not arrested at the spot, no liquor was seized from his possession, and the case is based solely on secret information without proper investigation. The State opposed the bail, citing the seriousness of the offence and the petitioner’s antecedent record. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, subject to the satisfaction of the trial court.

Issues considered

  • Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the petitioner’s antecedent record and the nature of the evidence.
  • Whether the reliance on secret information without recovery from the accused’s possession justifies denial of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • prohibition
  • secret information
  • antecedent cases
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35544 of 2026
                     Arising Out of PS. Case No.-640 Year-2023 Thana- MADHAURAH District- Saran
                 ======================================================
                 Sonu Nut @ Kabutari S/o Daharu Nut Resident of Village- Bajit Bhonha,
                 P.S.- Marhowrah, District- 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. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  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

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of eight cases out of which six cases

                   are under the Excise Act and is in custody since 23.02.2026 and

                   allegation is of recovery of 25 litres of liquor from Piyarpurwa

                   Tola and 30 litres of liquor from a place behind the house of

                   Rajendra Manjhi.

                                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
           Patna High Court CR. MISC. No.35544 of 2026(2) dt.03-07-2026
                                                       2/2




                     and he came to be implicated based on the secret information

                     which is the easiest way to implicate someone. It is further

                     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.

                                  5. Mr. Chandra Bhushan Prasad, 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

                     Madhaurah P.S. Case No. 640 of 2023.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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