Patna High CourtCR. MISC./5354/2026bail granted

Mohan Thakur v. The State Of Bihar

2026-01-31Mr. Justice R. P. Mishra2 pages

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 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