Patna High Court
Hiru TatmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified monetary and attendance conditions and verification of his antecedent.
Summary
The petitioner, Hiru Tatma, was arrested with 121.560 litres of liquor seized from a car and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for bail, asserting his innocence, a clean criminal record, and willingness to donate Rs.25,000 to charity without pleading guilty. The State opposed the bail. The Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with Ramakrishna Math, and attend Jokihat Police Station every Sunday, subject to verification of his antecedents. Failure to comply would lead to cancellation of bail. The order also directs the lower court to verify the petitioner’s antecedent before accepting the bail bonds.
Issues considered
- Whether bail should be granted to a person accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s claim of a clean antecedent and willingness to make a charitable donation justify bail.
- What conditions, if any, are appropriate for granting bail in this case.
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition Act
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19231 of 2026
Arising Out of PS. Case No.-222 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Hiru Tatma S/o Sipat Lal Tatma R/o Chakai Hari Tola, Chakai, P.S.- Jokihat,
District- Arariya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kishanganj Excise P.S. Case No. 222 of 2026 registered for the
offence under Section 30(a)/32(3) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. The recovery is of 121.560 liters of liquor from a
car in which the petitioner and one Safakkat Alam were found
travelling.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 23.02.2026. He
further submits that the petitioner has clean antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.19231 of 2026(2) dt.25-03-2026
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organization without accepting his 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 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 Judge Excise-II, Kishanganj/concerned Court below in
connection with Kishanganj Excise P.S. Case No. 222 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea, Bihar and produce
the receipt of the same before the Court below at the time of
furnishing bail bonds. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by him.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Jokihat 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.19231 of 2026(2) dt.25-03-2026
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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.
(Sandeep Kumar, J)
pawan/-
U T
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