Patna High Court
Chotu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(A)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.