Patna High Court
Dheeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Dheeraj Kumar, was arrested on 14 January 2026 for possession of 200 litres of illicit country-made liquor and a Wagon R car, alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the custody period, the nature of the offences, and the petitioner’s clean antecedent, allowed the bail application. Bail was granted on a bond of Rs. 10,000 with two sureties, subject to the donation of Rs. 25,000 to Ramakrishna Mission, monthly attendance at Sonepur Police Station, and verification of the petitioner’s antecedents. The order clarified that its observations are prima facie and do not prejudice the trial.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including a charitable donation, attendance at the police station, and verification of antecedents, are lawful and sufficient for bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- regular bail
- charitable donation condition
- surety
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19577 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Dheeraj Kumar Son of Surendra Rai @ Surendra Kumar R/o Village - Alipur,
Saidpur Rahimpur, P.S. - Sonepur, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj
For the Opposite Party/s : Mr. Nand Kumar
======================================================
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 present application has been filed seeking
regular bail in connection with Sadar Excise P.S. Case No. 12
of 2026, registered for offences punishable under Sections
30(a) & 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 200 liters of illicit
country made liquor and a Wagon R car were recovered from
the possession of the petitioner. The petitioner is in custody
since 14.01.2026 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.19577 of 2026(2) dt.31-03-2026
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5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Sadar Excise P.S.
Case No. 12 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Nala Road,
Patna Bihar, and shall produce a valid receipt
thereof before the court below. The bail bonds shall
be accepted only after verification of the
genuineness of the said receipt.
(ii). The petitioner shall mark his
attendance at Sonepur Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
Patna High Court CR. MISC. No.19577 of 2026(2) dt.31-03-2026
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only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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