Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
Arjun Kumar was arrested for possession of 114.450 liters of illicit liquor, alleged to violate Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act. He had been in custody since 3 February 2026 and asserted a clean antecedent. The petitioner offered to donate Rs.25,000 to a charitable organization without admitting guilt, while the State opposed his bail. The Court, after weighing the custody period, nature of the offence and the parties' submissions, allowed the bail application. He was ordered to be released on a Rs.10,000 bail bond with two sureties, subject to conditions of the donation, monthly attendance at the police station, and verification of his antecedents. The Court noted that its observations are prima facie and will not influence the trial.
Issues considered
- Whether regular bail should be granted to the accused under the Bihar Prohibition and Excise Act for the alleged offences
- Whether the petitioner’s undertaking to donate a sum to charity and his claim of clean antecedent justify bail
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- regular bail
- surety
- criminal antecedent
- donation condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19961 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Arjun Kumar S/o- Mohan Prasad @ Mohan Prasad Seth Resident of Kamran
Sarai P.S- Nagar thana Sasaram Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aquaib Khan
For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
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 Bhabhua Excise P.S. Case No.
54 of 2026 registered for offences punishable under Sections
30(a), 32(i)(iii), 41(i)(ii) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution case, 114.450 liters of illicit
liquor have been recovered from the possession of the petitioner.
The petitioner is in custody since 03.02.2026 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.19961 of 2026(2) dt.01-04-2026
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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, 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 Bhabhua Excise P.S.
Case No. 54 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 Math, Village Jharha (near
Matua Pahar), P.O. Gurua, Dist. Gayaji, 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 Town Police Station, Sasaram on the
first 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.19961 of 2026(2) dt.01-04-2026
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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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