Patna High Court
Sameer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioners with specified monetary and attendance conditions.
Summary
The petitioners, Sameer Kumar and Aryan Kumar, were arrested in connection with the recovery of 26 litres of foreign liquor, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. They had been in custody since 8 February 2026 and sought 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 facts and the petitioners' offer, granted bail on the condition that each petitioner furnish a bail bond of Rs.10,000 with two sureties of the same amount, deposit Rs.25,000 with the Ramakrishna Mission Ashrama and produce the receipt, and attend the Khajekala Police Station on the first and third Sundays of each month. Non‑compliance would lead to cancellation of bail. The order is limited to bail and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' offer to donate Rs.25,000 to charity can be a condition for bail.
- What conditions are appropriate for granting bail in this offence.
Subjects
- bail
- excise
- prohibition
- foreign liquor
- conditions of bail
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21955 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Sameer Kumar S/O Shankar Prasad Gupta.
2. Aryan Kumar S/O Shankar Prasad Gupta.
Both are resident of Village- Nunka Chauraha, Ward No.63, P.S.-
Khajekala, District- Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Raushan Raj, Advocate
For the State : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioners seek regular bail in
connection with Sadar Excise P.S. Case No.31 of 2026
registered for the offence under section 30(a) of the Bihar
Prohibition and Excise Act.
3. The recovery is of 26 liters of foreign liquor.
4. The petitioners are in custody since
08.02.2026.
5. Learned counsel for the petitioners submits
that the petitioners are ready to donate Rs.25,000/- in some
charitable organization without accepting his guilt.
6. Learned APP appearing for the State opposes
Patna High Court CR. MISC. No.21955 of 2026(2) dt.08-04-2026
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the prayer for bail of the petitioner.
7. Considering the facts and circumstances of
the case and also the submission of learned counsel for the
petitioner, let the petitioners, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Sadar
Excise P.S. Case No.31 of 2026.
8. This is also subject to the condition that the
petitioners shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, Nala Road, Patna and produce
the receipt of the same before the Court below at the time of
furnishing bail bonds. The bail bonds of the petitioners shall be
accepted after verifying the genuineness of the receipt produced
by them.
9. As a condition of this order, the petitioners
after being released on bail are directed to mark their attendance
at Khajekala Police Station, District- Patna 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 petitioners.
10. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
Patna High Court CR. MISC. No.21955 of 2026(2) dt.08-04-2026
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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)
pawan/-
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