Patna High Court

Ankit KumarversusThe State of Bihar

Decided: 2 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioner with specified monetary and attendance conditions.

Summary

The petitioner, Ankit Kumar, was arrested on 22 January 2026 in connection with the seizure of 335 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence despite having three prior criminal antecedents and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and the petitioner's willingness to provide bail bonds and a charitable donation, granted bail subject to a Rs.10,000 bond with two sureties, a Rs.25,000 donation to Ramakrishna Mission Sevashrama, and a condition to appear at the police station every Sunday. The order was limited to the bail application and did not prejudice the merits of the trial. The bail bonds are to be verified upon receipt of the donation proof.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and prior criminal antecedents.

Subjects

bail
prohibition law
excise
illicit liquor
criminal procedure
surety
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21108 of 2026
                  Arising Out of PS. Case No.-695 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Ankit Kumar Son of Yogendra Chaudhary Resident of village - Khoripakar,
                 Kritpur Mathiya, Police Station - Harsidhi, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Pawan Kumar, Advocate
                 For the State           :        Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Harsidhi P.S. Case No. 695 of 2025 registered for the offence

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                                 3. The recovery is of 335 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 22.01.2026

                   having three criminal antecedents.

                                  5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                  6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.21108 of 2026(2) dt.02-04-2026
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          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 bail 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 Excise Court No. 1, East Champaran at Motihari/

          concerned Court below in connection with Harsidhi P.S. Case

          No. 695 of 2025.

                        8. 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 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.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Harsidhi Police Station, District- East Champaran on every

          Sunday of the month. Any default in appearance at the police

          station will result in cancellation of bail bonds of the petitioner.

                       10. It is, however, clarified that the observations made
           Patna High Court CR. MISC. No.21108 of 2026(2) dt.02-04-2026
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                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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