Patna High Court
Kajal Sada @ Kajal KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified monetary and attendance conditions.
Summary
Kajal Sada was arrested in connection with the seizure of 171 litres of illicit liquor and charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Prohibition Amendment Act, 2022. The petitioner, who has been in custody since 25 February 2026, applied for bail, claiming a clean antecedent and offering to donate Rs. 25,000 to a charitable organization. The State opposed the bail application. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties of equal amount, deposit Rs. 25,000 with the Ramakrishna Mission Ashram, and attend the police station on the first and third Sundays of each month. The court also directed verification of the petitioner’s antecedent and warned that any default would lead to cancellation of bail. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving illicit liquor under the specified sections of the Bihar Narcotic Substances Act, 2023 and the Bihar Excise Prohibition Amendment Act, 2022.
- Whether the petitioner’s clean antecedent and willingness to donate Rs. 25,000 justify the grant of bail.
- Whether the conditions imposed by the court are appropriate and sufficient to ensure the petitioner’s attendance and compliance.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- excise law
- criminal procedure
- conditions of bail
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21903 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
Kajal Sada @ Kajal Kumari D/o- Gulchand Sada R/o - Sodhgaon, P.S -
Harlakhi, District - Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Union of India, through Samvay Pipraun, SC Force, Jaynagar
Madhubani Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Alias Ashok Karn
For the Opposite Party/s : Mr.Sucheta Yadav
For the UOI : Mr. Girija Shankar Prasad, CGC
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Harlakhi P.S. Case No. 71 of 2026 registered for the offence
under Sections 274, 275, 3(5) of the BNS, 2023 and under
Section 30(a) of the Bihar Excise Prohibition Amendment Act,
2022.
3. The recovery is of 171 liters of illicit liquor.
4. The petitioner is in custody since 25.02.2026 and
he claims to have clean antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
Patna High Court CR. MISC. No.21903 of 2026(2) dt.08-04-2026
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6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Harllakhi P.S. Case No. 71 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Harllakhi Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
Patna High Court CR. MISC. No.21903 of 2026(2) dt.08-04-2026
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petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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