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Patna High Court

Chotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Regular bail was granted to the petitioner subject to a deposit of Rs.25,000 in a charitable organization and two surety bonds of Rs.10,000 each.

Summary

The petitioner, Chotu Kumar, applied for regular bail in a case registered under Section 30(A) of the Bihar Prohibition and Excise Act. His earlier bail application had been rejected by the same court. The petitioner offered to donate Rs.25,000 to a charitable organization without admitting guilt and had been in custody since 26‑11‑2025. The State opposed the bail, but the court, after considering the facts and the petitioner's willingness to deposit the amount, allowed the bail. The court ordered his release on bail upon furnishing two surety bonds of Rs.10,000 each and depositing Rs.25,000 in Ramakrishna Math, with the receipt to be produced before the lower court.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(A) of the Bihar Prohibition and Excise Act.
  • Whether the condition of depositing Rs.25,000 in a charitable organization is permissible as a condition of bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 30A
  • charitable donation condition
  • surety bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13993 of 2026
                    Arising Out of PS. Case No.-100 Year-2025 Thana- GALGALIYA District- Kishanganj
                 ======================================================
                 Chotu Kumar S/o Late Raghunath Mahto @ Lt. Raghunath Mahto R/o Ward
                 No. 03, Bejadih, P.S.- Samastipur Muffasil, District- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mritunjay Kumar
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner for regular

                   bail in connection with Galgaliya P.S. Case No. 100 of 2025

                   registered for the offence under Sections 30(A) of Bihar

                   Prohibition and Excise Act.

                                3. Earlier the bail application of the petitioner was

                   rejected by this Court on 24.12.2025 in Cr. Misc. No. 88660 of

                   2025.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five

                   Thousand Only) in some charitable organization without

                   accepting his guilt. The petitioner is in custody since

                   26.11.2025.
            Patna High Court CR. MISC. No.13993 of 2026(2) dt.25-02-2026
                                                        2/2




                                   5. Learned APP for the State has vehemently opposed

                      the prayer of the petitioner.

                                   6. Considering the facts and circumstances of the case

                      and the submission of learned counsel for the petitioner, this

                      application for regular bail stands allowed.

                                   7. Accordingly, let the petitioner above named be

                      released on bail, on furnishing bail bonds of Rs.10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of learned concerned Court below, Kishanganj in

                      connection with Galgaliya P.S. Case No. 100 of 2025 subject to

                      the condition that:-

                                                           (I). The petitioner shall deposit an
                                              amount of Rs. 25,000/- (Rupees Twenty Five
                                              Thousand Only) in Ramakrishna Math,
                                              Bhatta Bazar, Purnea, Bihar and produce the
                                              receipt of the same before the Court below.
                                              The bail bonds of the petitioner shall be
                                              accepted after verifying the genuineness of
                                              the receipt produced by the petitioner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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