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Patna High Court

Babi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted subject to monetary sureties, a charitable donation, regular police station attendance, and verification of the petitioner’s antecedent.

Summary

The petitioner, Babi Kumar, was arrested in connection with the seizure of 102.6 litres of illicit liquor under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act. He claimed innocence, no prior criminal record, and no involvement with the liquor or vehicle. The petitioner offered to donate Rs. 25,000 to a charitable organization without pleading guilty. The State opposed bail. The Court, after considering the facts and the petitioner's clean antecedent, granted bail on condition of a Rs.10,000 bond with two sureties, a Rs.25,000 donation, monthly police station attendance, and verification of his antecedent.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged possession of illicit liquor
  • What conditions may be imposed on bail in such excise cases

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • criminal procedure
  • conditions of bail
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20071 of 2026
                  Arising Out of PS. Case No.-66 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Babi Kumar S/O Kanhai Sah Resident of Village- Saidpur Dumra, P.S.-
                 Patepur, Distt.- Vaishali

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr .Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, 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 Excise

                   P.S. Case No. 66/2026 dated 07.02.2026 for the offences

                   punishable under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the

                   Bihar Prohibition and Excise Act.

                                3. The recovery is of 102.600 litres of illicit liquor

                   from the car.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 07.02.2026 and

                   has got no criminal antecedent. The petitioner has no concern

                   either with the liquor or with the 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.20071 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

          Specical Judge (Excise)-II, Kaimur at Bhabua in connection

          with Excise P.S. Case No. 66/2026.

                        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 Patepur

          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.20071 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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