Patna High Court

Krishna KumarversusThe State of Bihar

Decided: 6 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner subject to a Rs.10,000 bond with two sureties, a Rs.25,000 charitable donation, regular police station attendance, and verification of antecedents.

Summary

Krishna Kumar was arrested in connection with the recovery of 88.38 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, no prior criminal record and offering to donate Rs.25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit the Rs.25,000 donation, attend the Digha Police Station every Sunday, and have his antecedents verified. The order is limited to the bail application and does not prejudice the merits of the trial. The petitioner was released on bail subject to these conditions.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering his claim of innocence and clean antecedent.

Subjects

bail
prohibition law
illicit liquor
criminal procedure
surety
charitable donation condition
police attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21215 of 2026
                         Arising Out of PS. Case No.-192 Year-2026 Thana- DIGHA District- Patna
                 ======================================================
                 Krishna Kumar S/O Late Shyam Mahto @ Shyam Mahto R/O- Kurji Chasma
                 Center Gali, P.S.- Digha, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ram Jiban Pd Singh
                 For the Opposite Party/s :       Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Digha

                   P.S. Case No. 192 of 2026 registered for the offence under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                 3. The recovery is of 88.38 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 1.3.2026. He

                   further submits that the petitioner has no criminal antecedent.

                                 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

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.21215 of 2026(2) dt.06-04-2026
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                        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 concerned

          Court below in connection with Digha P.S. Case No. 192 of

          2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Nala Road, Patna 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

          Digha Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                       10. 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
          Patna High Court CR. MISC. No.21215 of 2026(2) dt.06-04-2026
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                    bail bonds of the petitioner shall not be accepted.

                                 11. It is, however, clarified that the observations made

                    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

                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U

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