Patna High Court

Sujit KushwahaversusThe State of Bihar

Decided: 20 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioner subject to monetary, surety, and attendance conditions.

Summary

The petitioner, Sujit Kushwaha, was arrested in connection with the seizure of 126 litres of illicit liquor and charged under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He had been in custody since 14 January 2026 and claimed innocence, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The Court, after considering the circumstances and the petitioner's willingness to provide a financial deposit and sureties, granted bail on the condition of a Rs. 10,000 bond with two sureties, a Rs. 25,000 donation to Ramakrishna Mission Ashram, and mandatory monthly police station attendance. The order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds will be accepted upon verification of the donation receipt.

Issues considered

Whether bail should be granted to the accused in a case involving illicit liquor under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

Legislation cited

Bihar Narcotic Substances Act — s. 317(5)

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act
Bihar Narcotic Substances Act
criminal procedure
surety
charitable donation condition
police station attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21931 of 2026
                      Arising Out of PS. Case No.-437 Year-2024 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Sujit Kushwaha Son of Jitendra Kushwaha @ Jitendra Bhagat R/o Village -
                 Rainpur(Ranipur) Ward no. 02, P.S. - Kateya, Dist. - Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pritish Ranjan
                 For the Opposite Party/s :       Mr.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   20-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Kateya

                   P.S. Case No. 437 of 2024 registered for the offence under

                   Section 317(5) of the BNS and under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2022.

                                 3. The recovery is of 126 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 14.01.2026.

                                 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.

                                 6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.21931 of 2026(4) dt.20-04-2026
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          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 Kateya P.S. Case No. 437 of

          2024.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra 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

          Kateya Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                          10. 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
          Patna High Court CR. MISC. No.21931 of 2026(4) dt.20-04-2026
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                    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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