Patna High Court
Shashikant Kumar @ Sajnikant Kumar @ SajnikantversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, granting regular bail with specified monetary and attendance conditions.
Summary
The petitioner, Shashikant Kumar, was arrested in connection with the seizure of 200 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application 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, deposit Rs. 25,000 with Ramakrishna Math and produce a receipt, and attend the Kurtha Police Station every Sunday. The order emphasized that the observations were prima facie and not to affect the trial. The bail was thus released subject to the stipulated conditions.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving illicit liquor.
- Whether the condition of a charitable donation can be imposed as a term of bail.
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- charitable donation condition
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21823 of 2026
Arising Out of PS. Case No.-4 Year-2025 Thana- Pura police station District- Gaya
======================================================
Shashikant Kumar @ Sajnikant Kumar @ Sajnikant S/o Chandrabhan Yadav
R/o Vill- Qamariya, P.S.- Kurtha, Distt- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh
For the Opposite Party/s : Mr. Parmanand 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 Pura P.S. Case No. 04 of 2025,
registered for offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, 200 liters of illicit
liquor have been recovered from the vehicle in question. The
petitioner is in custody since 23.02.2026.
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.21823 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 Pura P.S. Case No.
04 of 2025, 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 Kurtha 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.21823 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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