Patna High Court
Sanjay KewatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, subject to specified conditions.
Summary
The petitioner, Sanjay Kewat, was arrested on 4 February 2026 in connection with an excise case (Case No. 77c2 of 2026) for allegedly possessing 9 litres of Mahua liquor and 15 kg of Jawa Mahua solution, offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, offering to donate Rs.10,000 to a charitable organization without admitting guilt. The State opposed the bail on the ground of the nature of the offence and the petitioner’s custody. The Court, after considering the facts, the length of custody, and the petitioner’s undertaking, allowed the bail application subject to a cash deposit of Rs.10,000 with Ramakrishna Mission and two sureties of equal amount, along with a condition to attend the police station every Sunday. The order emphasized that the observations were prima facie and would not affect the trial’s merits.
Issues considered
- Whether regular bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise offence
- Section 30(a)
- Bihar Prohibition and Excise Act
- regular bail
- criminal procedure
- donation condition
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17557 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Sanjay Kewat Son of Brijnanadan Kewat Resident of Village- Jokmaila Ward
No. 18, P.S. Lakhisarai, District- Lakhisarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shaukat Alam, Adv.
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Excise P.S. Case No. 77c2 of
2026, registered for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is a recovery of 9
litres of Mahua liquor and 15 kg of Jawa Mahua solution. The
petitioner is in custody since 04.02.2026.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 10,000/- (Rupees
Ten Thousand Only) to a charitable organization, without
prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.17557 of 2026(3) dt.14-05-2026
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5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, the period of custody and the submissions advanced on
behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Excise P.S. Case
No. 77c2 of 2026, subject to the following conditions:-
(i) The petitioner shall deposit a sum of
Rs. 10,000/- (Rupees Ten Thousand Only) with
Ramakrishna Mission Ashrama, Ramakrishna
Avenue, Nala Road, Patna, Bihar and shall
produce a valid receipt thereof before the court
below. The bail bonds shall be accepted only after
verification of the genuineness of the said receipt.
\(ii) The petitioner shall mark his
attendance at Lakhisarai Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.17557 of 2026(3) dt.14-05-2026
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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