Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner with specified monetary and attendance conditions.
Summary
The petitioner, Ashish Kumar Satan Yadav, was arrested in connection with the seizure of 171 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. He had been in custody since 21‑12‑2025 and claimed innocence, a clean antecedent, and willingness to donate Rs. 25,000 to a charitable organization. The State opposed his bail application. The High Court, after considering the submissions, ordered his release on bail upon furnishing a Rs. 10,000 bond with two sureties, depositing Rs. 25,000 with Ramakrishna Mission Vidyapith, and attending Jasidih Police Station every Sunday. The Court also directed verification of his antecedent before accepting the bail bonds and clarified that the order is limited to the bail application and does not prejudice the trial. The order was communicated to the Superintendent of Police for compliance.
Issues considered
- Whether bail should be granted to the accused in a case of possession of illicit liquor under the Bihar Prohibition and Excise Act, 2016.
- Whether the conditions imposed by the Court are appropriate and sufficient to ensure the accused's appearance.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- conditions of bail
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19277 of 2026
Arising Out of PS. Case No.-1335 Year-2025 Thana- Excise P.S. District- Jamui
======================================================
Ashish Kumar Satan Yadav R/o Village - Pachhiyari Kothiya, P.S. - Jasidih,
Dist. - Deoghar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
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 Jamui
Prohibition P.S. Case No. JAM 1335 of 2025 registered for the
offence under Sections 30(a), 32(3) of the Bihar Prohibition and
Excise Act, 2016.
3. The recovery is of 171 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 21.12.2025 and
he claims to have clean antecedent.
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.19277 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 Jamui Prohibition P.S. Case No.
JAM 1335 of 2025.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O.
Vidyapith Deoghar, Jharkhand, 814 112 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
Jasidih Police Station, Deoghar, Jharkhand 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. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
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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.
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.
12. Let a copy of this order be communicated to the
Superintendent of Police, Deoghar through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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