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Patna High Court

Surendra GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted subject to a bond, sureties, a charitable donation, monthly police attendance, and verification of the petitioner’s antecedent.

Summary

Surendra Giri was arrested in Mahuawa police station case No. 14 of 2026 for allegedly possessing 90 litres of illicit liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. He applied for bail, claiming innocence, a clean antecedent and offering to donate Rs. 25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the submissions, granted bail on a bond of Rs. 10,000 with two sureties, conditioned on the donation, monthly police attendance, and verification of his antecedent. The order expressly limited its effect to the bail application and did not prejudice the merits of the trial. The bail bonds are to be accepted only after confirming the receipt of the donation and the petitioner’s clean record.

Issues considered

  • Whether bail should be granted to the accused in a case of illicit liquor possession under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
  • Whether the petitioner’s claim of a clean antecedent and willingness to make a charitable donation justify bail.
  • What conditions, if any, may be imposed on bail in such circumstances.

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • Bihar Prohibition and Excise Amendment Act
  • criminal procedure
  • surety
  • antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21648 of 2026
                  Arising Out of PS. Case No.-14 Year-2026 Thana- MAHUAWA District- East Champaran
                 ======================================================
                 Surendra Giri s/O Late Saheb Giri Resident of village- Bahadurpur P.S.-
                 Darpa, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Singh
                 For the Opposite Party/s :      Mr.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Mahuawa P.S. Case No. 14 of 2026 registered for the offence

                   under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2018.

                                 3. The recovery is of 90 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 04.02.2026. The

                   petitioner claims to have clean 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
Patna High Court CR. MISC. No.21648 of 2026(2) dt.07-04-2026
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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 concerned

          Court below in connection with Mahuawa P.S. Case No. 14 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, Bela, Muzaffarpur 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

          Darpa 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.

                       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
          Patna High Court CR. MISC. No.21648 of 2026(2) dt.07-04-2026
                                                      3/3




                    the petitioner is found to be involved in any other case then the

                    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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