Patna High Court
Rajan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to the stipulated conditions.
Summary
Rajan Kumar was arrested on 16 February 2026 for possession of 171 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, claiming a clean antecedent 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, allowed the bail application, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions including the charitable donation, monthly attendance at the police station, and verification of antecedents. The order clarifies that its observations are prima facie and do not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including a monetary donation to a charitable organization, are lawful and sufficient for bail.
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- conditions of bail
- donation
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19841 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- ARER District- Madhubani
======================================================
Rajan Kumar Son of Rajeev Mandal Resident of Village- Mansipatti, P.S.-
Basopatti, district- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
Ms. Kumari Pallavi
For the Opposite Party/s : Mr. Shyameshwar Dayal
======================================================
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 Arer P.S. Case No. 34 of 2026,
registered for offences punishable under Sections 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, 171 liters of illicit
liquor have been recovered from the possession of the petitioner.
The petitioner is in custody since 16.02.2026 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,
Patna High Court CR. MISC. No.19841 of 2026(2) dt.31-03-2026
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without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, 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 Arer P.S. Case No.
34 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 Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, 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 Basopatti 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
Patna High Court CR. MISC. No.19841 of 2026(2) dt.31-03-2026
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bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
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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