Patna High Court

Shayamal Kumar @ Shyamal Prasad KushwahaversusThe State of Bihar

Decided: 31 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioner subject to a bond, sureties, a monetary donation, and regular police station attendance.

Summary

The petitioner, Shayamal Kumar, was arrested in connection with the recovery of 86.40 litres of illicit liquor and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018. He applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts and submissions, ordered the release of the petitioner on bail upon furnishing a Rs.10,000 bond with two sureties of the same amount, and conditioned the bail on a Rs.25,000 donation to Ramakrishna Mission Ashram, with proof of receipt. Additional conditions required the petitioner to appear at the police station every Sunday of each month, with default leading to cancellation of bail. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018 in view of the circumstances of the case.

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act, 2018
criminal procedure
surety
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19276 of 2026
                 Arising Out of PS. Case No.-662 Year-2025 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Shayamal Kumar @ Shyamal Prasad Kushwaha S/o Late Omprakash Kumar
                 @ Late Omprakash Prasad Kushwaha R/o Village- Pataura Pachiyari Tola,
                 P.S.- Mufassil, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Asif Kalim
                 For the Opposite Party/s :      Mr.Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Chhatauni P.S. Case No. 662 of 2025 registered for the offence

                   under Section 30(a) and 41(1) of the Bihar Prohibition and

                   Excise Act, 2018.

                                 3. The recovery is of 86.40 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 22.01.2026.

                                 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
Patna High Court CR. MISC. No.19276 of 2026(2) dt.31-03-2026
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          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 concerned

          Court below in connection with Chhatuani P.S. Case No. 662 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, Bela, Muzaffarpur 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 East

          Champaran Muffasil 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. 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
          Patna High Court CR. MISC. No.19276 of 2026(2) dt.31-03-2026
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                    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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