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Patna High Court

Hiru TatmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                          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.



                                                                    (Sandeep Kumar, J)

pawan/-

U         T


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