Patna High Court
Mukesh Kumar YadavversusThe State of Bihar
- Decided
- 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, and monthly police attendance.
Summary
The petitioner, Mukesh Kumar Yadav, was arrested on 22 February 2026 for possession of 0.750 liters of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the custody period and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties and deposit Rs. 25,000 with Ramakrishna Math, producing a receipt, and attend the Lakhisarai Police Station every Sunday. The order clarifies that its observations are prima facie and do not affect the merits of the trial. The bail was thus released subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor.
- Whether the imposition of a charitable donation as a condition of bail is permissible.
- Whether the bail bond amount and surety requirements are adequate under the circumstances.
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- charitable donation condition
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21812 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Mukesh Kumar Yadav S/O Kamal Yadav Resident of village- Santar Mohalla,
P.S- Lakhisarai, Distt.- Lakhisarai, State- Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray
For the Opposite Party/s : Mr. Sanjay Kumar
======================================================
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 present application has been filed seeking
regular bail in connection with Excise P.S. Case No. 115 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 0.750 liters of illicit
liquor have been recovered from the possession of the petitioner.
The petitioner is in custody since 22.02.2026.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
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for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Lakhisarai Excise
P.S. Case No. 115 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Village Jharha (near
Matua Pahar), P.O.Gurua, Dist. Gayaji, Bihar and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Lakhisarai Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/ -
U T
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