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Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified monetary and procedural conditions.

Summary

The petitioner, Arun Kumar, was arrested on 22 February 2026 for possession of 180 litres of illicit liquor, alleged 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 and claiming a clean antecedent. The State opposed the bail. The Court, after considering the custody period, the nature of the offence, and the petitioner's undertakings, allowed the bail application. The petitioner was ordered to furnish bail bonds of Rs. 10,000 each with two sureties and to deposit Rs. 25,000 with Ramakrishna Mission Sevashrama, producing a receipt. Additional conditions included monthly attendance at the police station and verification of his antecedents before acceptance of the bail bonds.

Issues considered

  • Whether bail should be granted to the accused in a case of possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, considering the custody period and the petitioner's antecedents.

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • conditions of bail
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21819 of 2026
                       Arising Out of PS. Case No.-35 Year-2026 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Arun Kumar S/o- Nagendra Rai Resident of village- Sjrsiya PS-Bela Distt-
                 Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dwij Raj
                 For the Opposite Party/s :        Mr. Anand Kishore Choudhary
                 ======================================================
                 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 Parihar P.S. Case No. 35 of

                   2026, registered for offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 180 liters of illicit

                   liquor have been recovered from the possession of the petitioner.

                   The petitioner is in custody since 22.02.2026 and claims clean

                   antecedent.

                                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.
Patna High Court CR. MISC. No.21819 of 2026(2) dt.07-04-2026
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                       5. Learned APP for the State has opposed the prayer

          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 Parihar P.S. Case

          No. 35 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 Mission Sevashrama, Swami
                          Vivekananda Path, Bela, Muzaffarpur, 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 Bela Police Station on the first and
                          third Sunday of each month. In the event of default,
                          the bail bonds shall be liable to be cancelled.

                                       (iii). At the time of acceptance of bail
                          bonds, the court below shall verify the antecedents
            Patna High Court CR. MISC. No.21819 of 2026(2) dt.07-04-2026
                                                        3/3




                                      of the petitioner. The bail bonds shall be accepted
                                      only upon confirmation that the petitioner has no
                                      criminal antecedent. However, such verification
                                      shall not be used as a ground to unnecessarily
                                      delay acceptance of the bail bonds.



                                   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

                      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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