Patna High Court

Amit Kumar @ RajaversusThe State of Bihar

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

Holding

The court granted bail to the petitioner with specified monetary and attendance conditions.

Summary

Amit Kumar was arrested in connection with the recovery of nine litres of illicit liquor from a paddy field, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, had been in custody since 5 February 2026, and offered to donate Rs.20,000 to a charitable organization without admitting guilt. The State opposed the bail application. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties of the same amount, deposit Rs.20,000 with the Ramakrishna Mission Sevashrama, and attend the Chhauradano Police Station every Sunday. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act
What conditions, if any, should be imposed on the grant of bail

Subjects

bail
Bihar Prohibition and Excise Act
illicit liquor
criminal procedure
surety
charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21587 of 2026
                     Arising Out of PS. Case No.-317 Year-2025 Thana- CHHAURADANO District- East
                                                        Champaran
                 ======================================================
                 Amit Kumar @ Raja Son of Ashok Ram Resident of village- Ekdari, P.S.-
                 Chhauradano , District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Ajay Kumar Singh, Advocate
                 For the State           :       Mr.Indu Kumari Srivastava, 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

                   Chhauradano P.S. Case No. 317 of 2025 registered for the

                   offence punishable under Sction 30(a) of the Bihar Prohibition

                   and Excise Act.

                                 3. As per the prosecution case, there is recovery of 9

                   litres of illicit liquor from a paddy field.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   05.02.2026.

                                 5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21587 of 2026(2) dt.06-04-2026
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          petitioner is ready to donate Rs. 20,000/- 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 Excise Court No. 2, East Champaran at Motihari

          /concerned Court below in connection with Chhauradano P.S.

          Case No. 317 of 2025.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 20,000/- 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

          Chhauradano Police Station, District-East Champaran on every
           Patna High Court CR. MISC. No.21587 of 2026(2) dt.06-04-2026
                                                       3/3




                     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

                     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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