Patna High Court
Niwas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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/-
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