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Patna High Court

Niwas KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Niwas Kumar, was arrested in connection with the seizure of 486 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, a clean antecedent, and that he was merely the driver of the vehicle involved. The petitioner’s counsel offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed bail. The High Court, after considering the facts, granted bail on the condition of a Rs.10,000 bond with two sureties, a Rs.25,000 donation to Ramakrishna Mission Vidyapith, verification of the petitioner’s antecedent, and mandatory monthly police station attendance, warning that any default would lead to cancellation of bail. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving illicit liquor.
  • Whether the conditions imposed by the court, including a monetary donation and regular police station attendance, are appropriate for bail.

Subjects

  • bail
  • prohibition and excise
  • illicit liquor
  • criminal procedure
  • conditions of bail
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17589 of 2026
                         Arising Out of PS. Case No.-7 Year-2026 Thana- BATIYA District- Jamui
                 ======================================================
                 Niwas Kumar S/O Lakhan Rajak R/O Village- Jorwaha, Dharampur, Police
                 Station- Khaira, District- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar Sinha
                 For the Opposite Party/s :       Mr.Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-03-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in connection with Batiya

                   P.S. Case No. 07 of 2026 registered for the offence under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                 3. The recovery is of 486 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 31.01.2026. He

                   further submits that the petitioner has clean antecedent and he

                   has been implicated in this case only because of the fact that he

                   was driving the vehicle in question.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.17589 of 2026(2) dt.30-03-2026
                                            2/3




                        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 Exclusive

          Special Court-II, Jamui/concerned Court below in connection

          with POCSO Case No. 97 of 2025 arising out of Batiya P.S.

          Case No. 07 of 2026.

                        8. This is also subject to the condition that the

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

          Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O.

          Vidyapith Deoghar, Jharkhand, 814112 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

          Khaira Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.
          Patna High Court CR. MISC. No.17589 of 2026(2) dt.30-03-2026
                                                      3/3




                                    10. As the petitioner claims to have clean

                    antecedent, the Court below, before accepting the bail bonds of

                    the petitioner is directed to verify the antecedent of the

                    petitioner. If the petitioner is found to be involved in any other

                    case then the bail bonds of the petitioner shall not be accepted.

                                    11. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not express

                    any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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