Patna High Court

Arvind KumarversusThe State of Bihar

Decided: 16 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court held that bail may be granted in the case, subject to a bond, sureties, a charitable donation, and attendance conditions.

Summary

Arvind Kumar was arrested in connection with the recovery of 105 litres of country‑made liquor and charged under Section 30(a) of the Excise Act. He filed a bail petition claiming innocence and offered to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed bail. The High Court considered the facts, the petitioner’s willingness to furnish a bail bond of Rs 10,000 with two sureties, and the charitable donation, and ordered bail on those terms. The order also required the petitioner to deposit the Rs 25,000 in the specified Ramakrishna Math account and to attend Mahendiya Police Station every Sunday, with default leading to cancellation of bail. The bail bonds are to be verified by the Special Excise Court‑II, Jehanabad.

Issues considered

Whether bail should be granted to a person accused under Section 30(a) of the Excise Act for possession of illicit liquor.
Whether the court may impose conditions such as a charitable donation and regular police‑station attendance as part of bail.

Legislation cited

Excise Act — s. 30(a)

Subjects

bail
Excise Act
Section 30(a)
charitable donation condition
police attendance
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.17427 of 2026
                     Arising Out of PS. Case No.-27 Year-2026 Thana- Excise Arwal District- Jehanabad
                 ======================================================
                 Arvind Kumar Son of Anuj Paswan Resident Of Village - Niranjan Pur, P.S. -
                 Mahendiya, Dist. - Arwal.


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


                                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nitya Nand Neeraj, Advocate
                 For the State            :        Mr.Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with Arwal

                   Excise P.S. Case No. 27 of 2026 registered for the offence

                   punishable under Section 30(a) of Excise Act.

                                  3. As per the prosecution case, there is recovery of

                   105 litres of country made liquor.

                                  4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner is in jail since 23.01.2026.\

                                  5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.17427 of 2026(2) dt.16-03-2026
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          petitioner is ready to donate Rs. 25,000/- in some charitable

          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Special

          Excise      Court-II,      Jehanabad/concerned       Court   below   in

          connection with Arwal Excise P.S. Case No. 27 of 2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Math, Gayaji Camp at I.A.S. Colony, Sidheswar

          Ghar Aangan Complex Block-B, Domuhan, Bodh Gaya, Gaya

          (Account No. 43250537266, IFSC Code-SBIN0064608) 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.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Mahendiya Police Station, District-Arwal on every Sunday of
           Patna High Court CR. MISC. No.17427 of 2026(2) dt.16-03-2026
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                     the month. Any default in appearance at the police station will

                     result in cancellation of bail bonds of the petitioner.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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