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Patna High Court

Himanshu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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