Patna High Court
Abhishek RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail may be granted in the case of the petitioner under Section 438(2) CrPC and Section 482 BNSS, subject to a bond of Rs 10,000, two sureties and a condition to deposit Rs 25,000 in a charitable institution.
Summary
The petitioner, Abhishek Ram, feared arrest in a case (PS No. 104 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2022, where 414.720 litres of illicit liquor were seized. He claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The High Court considered the bail application and, applying Section 438(2) of the CrPC and Section 482 of the BNSS, allowed the petition. The Court ordered release on bail upon furnishing a Rs. 10,000 bond with two sureties of equal amount, and conditioned the bail on the petitioner depositing Rs. 25,000 with the Ramakrishna Mission Ashram and producing a receipt. The bail bonds were to be verified for authenticity before acceptance.
Issues considered
- Whether bail can be granted to the petitioner under Section 438(2) CrPC and Section 482 BNSS for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the condition of a charitable donation can be imposed as a term of bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- prohibition act
- illicit liquor
- Section 30(a)
- Section 438 CrPC
- Section 482 BNSS
- charitable donation
- High Court of Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19157 of 2026
Arising Out of PS. Case No.-104 Year-2025 Thana- ASANWA District- Siwan
======================================================
Abhishek Ram S/O Harendra Ram Resident of Village - Gandharpa, P.S. -
Nautan, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Asawn P.S. Case No. 104 of 2025 for an
offence registered under Section 30(a) of the Bihar Prohibition
and Excise Act, 2022.
3. As per the prosecution case, 414.720 liter illicit
liquor was recovered.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
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.19157 of 2026(2) dt.29-04-2026
2/2
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court of
Exclusive Special Excise Court No. I, Siwan/ concerned court
below in connection with Asawn P.S. Case No. 104 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Latu Maharaj Path, Chapra 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.
(Sandeep Kumar, J)
tusharika/-
U T
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