Patna High Court
Suryadev GoswamiversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail, subject to specified conditions.
Summary
The petitioners, Suryadev Goswami and Shambhu Nath Goswami, were arrested in connection with the recovery of 500.220 liters of illicit liquor and charged under Section 30(a) of the Bihar Prohibition & Excise Act. They had been in custody since 30 January 2026 and claimed innocence, offering to donate Rs. 25,000 each to charity as a condition for bail. The State opposed the bail application. The High Court, after hearing both sides, granted regular bail, requiring a bail bond of Rs. 10,000 each with two sureties, a donation of Rs. 25,000 to a specified charitable institution, regular attendance at designated police stations, and that the sureties be close blood relatives. The court clarified that its observations were prima facie and not to influence the trial. The bail was conditioned on compliance with these terms.
Issues considered
- Whether the petitioners are entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition & Excise Act
- Whether the conditions imposed by the court for granting bail are lawful and appropriate
Subjects
- regular bail
- illicit liquor
- Bihar Prohibition & Excise Act
- Section 30(a)
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21951 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Suryadev Goswami S/O Late Rameshwar Goswami R/O Village -
Khudaganj, P.s- Khudaganj, District - Nalanda (Bihar)
2. Shambhu Nath Goswami S/O Late Triveni Goswami R/O Vill.- Gurua Bazar
ward no- 02, P.S- Gurua, Dist- Gayaji (Bihar)
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh
For the Opposite Party/s : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 15-04-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Kaimur Excise P.S. Case No. 46 of 2026 registered for the
offence under Section 30(a) of the Bihar Prohibition & Excise
Act.
3. As per the prosecution case, there is recovery of
500.220 liters of illicit liquor from the vehicle in question.
4. Learned counsel for the petitioners submits that
the petitioners are in custody since 30.01.2026, are quite
innocent and have falsely been implicated in the present case.
He further submits that the petitioners are ready to donate Rs.
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25,000/- (Rs. Twenty Five Thousand) each in some charitable
organization without accepting their guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the submissions of the parties, this application for regular
bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Kaimur Excise P.S. Case No. 46 of
2026 subject to condition that:-
(I). The petitioners shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) each in Ramakrishna Math,
Village Jharha (near Matua Pahar), P.O.
Gurua, Dist. Gayaji, Bihar and produce the
receipt of the same before the Court below. The
bail bonds of the petitioners shall be accepted
only after verifying the genuineness of the
receipt produced by the petitioners.
(ii). The petitioner no. 1 shall
mark his attendnance at Khudaganj Police
Station on 1st Sunday of Each month and the
petitioner no. 2 shall mark his attendance at
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Gurua Police Station on the first and third
Sunday of each month. Failure to do so, will
result in cancellation of bail bonds of the
petitioners.
(iii). Both the bailors will be close
blood relative of the petitioners.
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/-
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