Patna High Court
Ashish Kumar @ Aashis KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to the conditions imposed by the court.
Summary
The petitioner, Ashish Kumar, was arrested in Nawada district for possession of 700 litres of illicit Mahua liquor, alleged to violate Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He applied for regular bail, asserting a clean antecedent and offering to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed the bail. 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, deposit the Rs 25,000 donation with Ramakrishna Math and produce a receipt, attend the police station on the 1st and 3rd Sundays of each month, and have his antecedents verified. The court clarified that its observations were prima facie and would not affect the trial. The bail was thus ordered subject to the stipulated conditions.
Issues considered
- Whether regular bail can be granted to the accused in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the court, including a charitable donation and periodic police‑station attendance, are lawful and appropriate for bail.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 41
- Mahua liquor
- charitable donation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22003 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- SIRDALA District- Nawada
======================================================
Ashish Kumar @ Aashis Kumar S/o Basudev Prasad R/o Village - Mahugay
@ Mahugaya, P.S - Parnadabar @ Parandabar, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Yogendra Kumar
======================================================
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 petitioner seeks regular bail in connection with
Sirdala P.S. Case No. 61 of 2026 registered for the offence
under Section(s) 30(a) and 41 of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, 700 liters of country
made Mahua liquor has been recovered from the spot. The
petitioner is in custody since 01.03.2026 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.22003 of 2026(2) dt.08-04-2026
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5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case 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 Sirdala P.S. Case
No. 61 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 Parnadabar @ Parandabar Police
Station on every 1st and 3rd 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
Patna High Court CR. MISC. No.22003 of 2026(2) dt.08-04-2026
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bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
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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