Patna High Court

Mohan ThakurversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Mohan Thakur, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 112.9 liters of liquor from a straw house. The prosecution alleged that the petitioner was identified while attempting to flee the scene, and noted his two prior criminal antecedents. The petitioner’s counsel argued that no incriminating material was found in his possession, that the liquor was recovered from a public open area, and that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed the bail application. Considering the facts, the court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions regarding family surety and appearance in court.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes bail.
Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5354 of 2026
                   Arising Out of PS. Case No.-100 Year-2025 Thana- MANSURCHAK District- Begusarai
                 ======================================================
                 Mohan Thakur Son of Radhakant Thakur Resident of Village- Pharpura
                 Sohilwara, P.S.- Mansoorchak, District- Begusarai
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manoj Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Gauri Shankar Gupta, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Mansoorchak P.S. Case No. 100 of 2025, instituted for the

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

                   and Excise Act.

                                3. The prosecution case, in short, is that total 112.900

                   liters liquor was recovered from straw house. The petitioner

                   was identified by the Police, while he was attempting to flee

                   away.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner further submitted that the recovery has been
           Patna High Court CR. MISC. No.5354 of 2026(2) dt.31-01-2026
                                                       2/2




                     made from Bansbari, which is an open place and is accessible to

                     public at large. The petitioner is in custody since 15.12.2025

                     and has got two criminal antecedents. There is no compliance of

                     Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Mansoorchak P.S.

                     Case No. 100 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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