Patna High Court
Panu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Panu Kumar was arrested in Buxar for possession of 129.240 liters of illicit liquor and 19.500 liters of illegal beer, alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming a clean antecedent and 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, allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to conditions including the charitable donation, monthly attendance at the police station, and verification of antecedents. The order clarifies that its observations are prima facie and do not affect the trial's merits.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving large quantities of illicit liquor.
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- regular bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21990 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
Panu Kumar S/o- Asharam Paswan R/v- Govindpur Basudeva Ps- Basudeva
Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Pandey
For the Opposite Party/s : Mr.Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 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 Buxar Excise P.S. Case No. 41
of 2026, registered for offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 129.240 liters of illicit
liquor and 19.500 liters of illegal beer have been recovered from
the vehicle in question. The petitioner is in custody since
01.02.2026 and claims clean antecedent.
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.
Patna High Court CR. MISC. No.21990 of 2026(2) dt.08-04-2026
2/3
5. Learned APP for the State has opposed the prayer
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 Buxar Excise P.S.
Case No. 41 of 2026, 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 Basudeva Police Station on the first
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
Patna High Court CR. MISC. No.21990 of 2026(2) dt.08-04-2026
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only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
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
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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