Patna High Court
Sokhin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners with specified monetary and attendance conditions.
Summary
The petitioners, Sokhin Kumar and Raushan Kumar Singh, were arrested in connection with the seizure of 438 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. They applied for bail, claiming innocence, clean antecedents, and offering to donate Rs. 25,000 each to a charitable organization. The State opposed the bail. The High Court, after considering the submissions, granted bail on the condition that each petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 each with the Ramakrishna Mission Ashram, and attend the respective police stations on the first Sunday of each month, with verification of their antecedents. The order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds will be cancelled upon any default or discovery of involvement in other cases.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the petitioners' clean antecedent and willingness to donate to charity justify bail.
Subjects
- bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- criminal procedure
- conditions of bail
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18304 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
1. Sokhin Kumar S/O Parasnath Yadav R/O Vill- Kesari, P.S- Dhangahi, Dist-
Bhojpur
2. Raushan Kumar Singh S/O Shambhu Singh R/O Vill-Kherikan, P.S- Agion
Bazar, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rahul Kumar
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Buxar
P.S. Case No. 49 of 2026 registered for the offence under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2018.
3. The recovery is of 438 liters of illicit liquor.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and they are in custody since
04.02.2026. He further submits that the petitioners have clean
antecedent.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.18304 of 2026(2) dt.31-03-2026
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petitioner is ready to donate Rs. 25,000/- each in some
charitable organization without accepting their 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 petitioners, 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
concerned Court below in connection with Buxar P.S. Case No.
49 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- each in
Ramakrishna Mission Ashram, Nala Road, Patna and produce
the receipt of the same before the Court below. The bail bonds
of the petitioners shall be accepted after verifying the
genuineness of the receipt produced by the petitioners.
9. As a condition of this order, the petitioner no. 1, is
directed to mark his attendance at Dhangahi Police Station on
first Sunday of each month. Similarly, the petitioner no. 02 is
directed to mark his attendance at Agiaon Police Station on first
Sunday of each month. Any default in appearance at the police
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station will result in cancellation of bail bonds of the petitioner.
10. As the petitioners claim to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioners is directed to verify the antecedent of the petitioners.
If the petitioners are found to be involved in any other case then
the bail bonds of the petitioners 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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