Patna High Court
Prabhunath Singh @ Prabhu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Prabhunath Singh, was arrested in connection with the seizure of 21 litres of illicit liquor from his cowshed, alleged under section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 28 December 2025 and applied for regular bail, offering to donate Rs 10,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court considered the facts, the petitioner’s willingness to deposit money, and the nature of the offence, and ordered his release on bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, depositing Rs 10,000 with the Ramakrishna Mission, and attending the police station on the first and third Sundays of each month. The order is limited to the bail application and does not prejudice the trial’s merits. The bail bonds will be cancelled upon any default in appearance.
Issues considered
- Whether regular bail should be granted to the accused in a case under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including a charitable donation and periodic police station attendance, are lawful and sufficient for bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- conditions of bail
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22045 of 2026
Arising Out of PS. Case No.-622 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Prabhunath Singh @ Prabhu Ray S/O Late Gopal Singh Vill.- Pramanpatti,
P.S.- Mirganj, Dist.- Gopalganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner seeks regular bail in
connection with Mirganj P.S. Case No.622 of 2025 registered
for the offence under section 30(a) of the Bihar Prohibition and
Excise Act.
3. The recovery is of 21 liters of illicit liquor
from the cowshed belonging to the petitioner.
4. The petitioner is in custody since
28.12.2025.
5. Learned counsel for the petitioner submits
that the petitioner is ready to donate Rs.10,000/- in some
charitable organization without accepting his guilt.
6. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.22045 of 2026(2) dt.08-04-2026
2/3
7. Considering the facts and circumstances of
the case and also the submission 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 Mirganj P.S.
Case No.622 of 2025.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.10,000/- in
Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.
Circuit House, Chapra, Bihar 841 301 and produce the receipt of
the same before the Court below at the time of furnishing bail
bonds. The bail bonds of the petitioner shall be accepted after
verifying the genuineness of the receipt produced by him.
9. As a condition of this order, the petitioner
after being released on bail is directed to mark his attendance at
Mirganj Police Station, District-Gopalganj 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. 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.22045 of 2026(2) dt.08-04-2026
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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)
pawan/-
U T
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