Patna High Court
Jay Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to a cash bond, two sureties, a donation condition, and monthly police station attendance.
Summary
The petitioner, Jay Prakash Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 216 litres of illicit liquor. 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 considered the nature of the offence, the period of custody, and the petitioner’s undertaking, and allowed the bail application. The petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties and to deposit the Rs. 25,000 donation with the Ramakrishna Mission, producing a receipt. Additional conditions required monthly attendance at the police station, with default leading to cancellation of bail.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving possession of illicit liquor
- Whether the conditions imposed, including a monetary donation to a charitable organization, are permissible for granting bail
Subjects
- bail
- regular bail
- prohibition law
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21835 of 2026
Arising Out of PS. Case No.-393 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Jay Prakash Singh S/O Late Biltu Singh Resident of Village- Kabiyahi, P.S-
Babubarhi, Distt.-Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar
For the Opposite Party/s : Mr. Sangeeta Sharma
======================================================
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 Ladaniya P.S. Case No. 393 of
2025, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 216 liters of illicit
liquor have been recovered from the possession of the petitioner.
The petitioner is in custody since 01.12.2025.
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.21835 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 Ladaniya P.S. Case
No. 393 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 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 Babubarhi 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.21835 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
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