Patna High Court
Raj Kumar @ Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to a Rs. 25,000 donation, a Rs. 10,000 bail bond with two sureties, and monthly police‑station attendance.
Summary
The petitioner, Raj Kumar, was arrested in connection with the seizure of 819 litres of illicit liquor under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act. He had been in custody since 16 January 2026. The petitioner’s counsel offered to donate Rs. 25,000 to a charitable organization and sought regular bail, proposing a bail bond of Rs. 10,000 with two sureties. The State opposed the bail. After considering the nature of the offence, the period of custody, and the petitioner’s undertaking, the Court allowed the bail application, directing release on bail subject to the donation, attendance at the police station every Sunday, and the usual bail bond conditions. The order expressly limited its observations to the bail application and clarified they do not affect the merits of the trial.
Issues considered
- Whether regular bail can be granted to a person accused of offences under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s undertaking to donate to charity and attend the police station regularly suffices as conditions for bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- conditions of bail
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19943 of 2026
Arising Out of PS. Case No.-102 Year-2024 Thana- MUSRIGHRARI District- Samastipur
======================================================
Raj Kumar @ Raj Kumar Singh Son of Umesh Singh @ Umesh Kumar Singh
Resident of Village- Fatehpurwala, P.S.- Musrigharari, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy
For the Opposite Party/s : Ms. Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 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 Musrigharari P.S. Case No. 102
of 2024, registered for offences punishable under Sections 30(a)
and 41(i) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 819 liters of illicit
liquor have been recovered. The petitioner is in custody since
16.01.2026.
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.
5. Learned APP for the State has opposed the prayer
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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 Musrigharari P.S.
Case No. 102 of 2024, 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 Musrigharari Police Station
on every Sunday of each month. In the event
of default, the bail bonds shall be liable to
be cancelled.
8. It is made clear that any observation made herein is
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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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