Patna High Court
Soha Nut @ Sota NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, directing the petitioner’s release on bail with stipulated conditions.
Summary
The petitioner, Soha Nut, was arrested in connection with the seizure of 105 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed bail, citing the seriousness of the offence and the petitioner’s four prior criminal records. The court, after considering the custody period and the submissions, granted regular bail subject to a cash deposit, two sureties, and specific attendance conditions. The order emphasized that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the nature of the offence and prior criminal antecedents
- Whether the conditions imposed by the court for bail are appropriate and sufficient
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- bail conditions
- section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41378 of 2026
Arising Out of PS. Case No.-211 Year-2026 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Soha Nut @ Sota Nut S/o- Late Chunnu Nnut Resident of Village- Dhanpura
PS- Gautam Budha Nagar, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh
For the Opposite Party/s : Mr. Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Gautam Buddh Nagar P.S. Case
No. 211 of 2026, registered for offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 105 liters of illicit
liquor have been recovered from the spot. The petitioner is in
custody since 24.04.2026 and has four criminal antecedents.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
Patna High Court CR. MISC. No.41378 of 2026(2) dt.25-06-2026
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25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with G.B. Nagar P.S.
Case No. 211 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Latu Maharaj
Path, opposite Circuit House, Chapra, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Gautam Buddha Nagar Police
Station on every Sunday of each month. In the
Patna High Court CR. MISC. No.41378 of 2026(2) dt.25-06-2026
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event of default, the bail bonds shall be liable to be
cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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