Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner with specified conditions.
Summary
The petitioner, Upendra Kumar, was arrested in connection with the recovery of 505.945 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, cited two prior excise cases, and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed bail, but the Court considered the facts, the petitioner’s antecedents, and his willingness to provide sureties and a charitable donation. The Court granted bail on the condition of a Rs.10,000 bond with two sureties, a Rs.25,000 deposit to Ramakrishna Math, verification of any other criminal antecedents, and mandatory weekly attendance at the Barun Police Station. The order expressly limited its observations to the bail application and did not prejudice the merits of the trial.
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 and his prior criminal antecedents.
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- surety
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21581 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Upendra Kumar S/o- Murali Chaudhary Resident of Kesho Market, Bhuiyan
Tola, Kochadh, Ward no. 14, PS- Barun, Dist-Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh, Advocate
For the State : Mr.Shyam Bihari Singh, APP
======================================================
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
Sasaram Excise P.S. Case No. 81 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, there is recovery of
505.945 litres of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He is in custody since 12.02.2026 having two criminal
antecedents i.e., Aurangabad Excise P.S. Case No. 120 of 2018
and Barun P.S. Case No. 204 of 2019.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21581 of 2026(2) dt.06-04-2026
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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.
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 Judge, Excise Court No. 1, Rohtas at Sasaram
/concerned Court below in connection with Sasaram Excise P.S.
Case No. 81 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Dist. Gayaji, 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 the petitioner, except the present case, claims to
have only two criminal antecedents i.e., Aurangabad Excise P.S.
Case No. 120 of 2018 and Barun P.S. Case No. 204 of 2019, the
Patna High Court CR. MISC. No.21581 of 2026(2) dt.06-04-2026
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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 except
Aurangabad Excise P.S. Case No. 120 of 20218 and Barun P.S.
Case No. 204 of 2019 and the present case then his bail bonds
shall not be accepted.
10. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Barun Police Station, District-Aurangabad on every Sunday of
the month. Any default in appearance at the police station will
result in cancellation of bail bonds of the petitioner.
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 express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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