Patna High Court
Babi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(i)(iii), 41(i)(ii)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.