Patna High Court

Ashok RaiversusThe State of Bihar

Decided: 30 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted bail to the petitioner with specified conditions.

Summary

Ashok Rai was arrested for possession of 171 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, asserting his innocence, a clean criminal record, and offering a Rs.25,000 donation to a charitable institution. The State opposed the bail application. The High Court, after considering the facts and the petitioner's antecedents, granted bail on the condition that he furnishes two surety bonds of Rs.10,000 each, deposits Rs.25,000 with the Ramakrishna Mission, and reports to the police station every Sunday, with verification of his antecedent. The order was limited to the bail matter and does not affect the merits of the trial.

Issues considered

Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor
What conditions, if any, are appropriate for granting bail in such a case

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure
surety
antecedent verification
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17642 of 2026
                         Arising Out of PS. Case No.-523 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Ashok Rai S/O Sharvan Rai R/O Vill.- Lodipur, P.S.- Maner, Dist.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mickey Singh
                 For the Opposite Party/s :        Mr.Gulnar Begum
                 ======================================================
                 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

                   Manner P.S. Case No. 523 of 2025 registered for the offence

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

                                 3. The recovery is of 171 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 20.01.2026. He

                   further submits that the petitioner has no criminal antecedent.

                                 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.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.17642 of 2026(2) dt.30-03-2026
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                        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 court of

          Special Excise Judge, Danapur/concerned Court below in

          connection with Maner P.S. Case No. 523 of 2025.

                        8. This is also subject to the condition that the

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

          Ramakrishna Mission Ashram, Nala Road, Patna 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

          Maner 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.

                       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
          Patna High Court CR. MISC. No.17642 of 2026(2) dt.30-03-2026
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                    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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