Patna High Court
Sushil Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275/3(5)
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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