Patna High Court
Surendra GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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