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Patna High Court

Suryadev GoswamiversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

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.
Patna High Court CR. MISC. No.21951 of 2026(3) dt.15-04-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.21951 of 2026(3) dt.15-04-2026
                                                        3/3




                                              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/-

U       T


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