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Patna High Court

Mukesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.21812 of 2026(2) dt.07-04-2026
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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
             Patna High Court CR. MISC. No.21812 of 2026(2) dt.07-04-2026
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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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