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Patna High Court

Sushil Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to specified monetary and attendance conditions.

Summary

The petitioner, Sushil Kumar Ray, was arrested in connection with the seizure of 810 litres of illicit liquor and charged under Sections 274, 275/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 5 January 2026 and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and the petitioner's willingness to deposit the donation, allowed regular bail subject to a bail bond of Rs.10,000 with two sureties, the deposit of the Rs.25,000 in the Ramakrishna Mission Sevashrama, and mandatory monthly attendance at the police station. The bail was granted with these conditions, and non‑compliance would lead to cancellation.

Issues considered

  • Whether bail should be granted to the accused in a case involving large‑scale illicit liquor seizure under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act
  • Whether the petitioner’s offer to donate money can be imposed as a condition for bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • criminal procedure
  • conditions of bail
  • donation as bail condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17277 of 2026
                   Arising Out of PS. Case No.-180 Year-2025 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Sushil Kumar Ray S/o- Asheshwar Ray Village- Balba PS-Madhwapur
                 District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravi Prakash
                 For the Opposite Party/s :      Mr.Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   19-03-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Madhawpur P.S. Case No. 180 of 2025 registered for the offence

                   punishable under Sections 274, 275/3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. There is recovery of 810 liters of illicit liquor. The

                   petitioner is in jail since 05.01.2026.

                                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.

                                5. Learned APP for the State has vehemently opposed
            Patna High Court CR. MISC. No.17277 of 2026(2) dt.19-03-2026
                                                        2/2




                      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 the learned Court below where the case is

                      pending/successor Court in connection with Madhawpur P.S.

                      Case No. 180 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 Mission
                                              Sevashrama, Bela, Muzaffarpur 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.
                                                         (ii). The petitioner is directed to
                                              mark his attendance in Madhwapur Police
                                              Station on every Sunday of each month.
                                              Failure to do so, will result in cancellation
                                              of bail bond of the petitioner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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