Patna High Court
Himanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to specified monetary sureties, a charitable donation, and regular police‑station attendance.
Summary
The petitioner, Himanshu Kumar, was arrested as the driver of a vehicle from which 510 litres of illicit country-made liquor were recovered, leading to charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, asserted a clean criminal record, and offered to donate Rs. 25,000 to a charitable organization without pleading guilty. The State opposed bail, but the court considered the facts, the petitioner’s lack of antecedents, and his willingness to provide sureties. The court ordered his release on bail upon furnishing two sureties of Rs.10,000 each, depositing the Rs.25,000 donation, and complying with attendance and verification conditions. The bail bonds are subject to cancellation if the petitioner fails to appear or is found involved in other cases.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the court for bail are lawful and sufficient to ensure the petitioner’s attendance and prevent tampering with evidence.
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- surety
- charitable donation
- attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20068 of 2026
Arising Out of PS. Case No.-384 Year-2026 Thana- Excise P.S. District- Sitamarhi
======================================================
Himanshu Kumar S/o- Ram Pramod Mahto Village - Bajitpur, Ward no -16 ,P.
S- Dumara, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
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 petitioner seeks bail in connection with
Sitamarhi Madhya Nished P.S. Case No. 384 of 2026 dated
11.02.2026 for the offences punishable under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act.
3. The recovery is of 510 litres of illicit country-made
liquor from the car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 11.02.2026 and
has got no criminal antecedent. The petitioner is the driver of
the said vehicle.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.20068 of 2026(2) dt.01-04-2026
2/3
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
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 hail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge-02 Excise, Sitamarhi in connection with
Sitamarhi Madhya Nished P.S. Case No. 384 of 2026.
This is also subject to the condition that the petitioner
shall deposit an amount of Rs. 25,000/- in Ramakrishna Mission
Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur,
Bihar 842 002 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.
As a condition of this order, the petitioner after being
released on bail is directed to mark his attendance at Dumara
Police Station on first Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
Patna High Court CR. MISC. No.20068 of 2026(2) dt.01-04-2026
3/3
As the petitioner claims to have clean antecedent, the
Court below, before accepting the bail bonds of the 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.
(Sandeep Kumar, J)
atul/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.