Patna High Court
Kishori Singh @ Kisor SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioners subject to a cash bond, sureties, a mandatory charitable donation, and periodic police‑station attendance.
Summary
The petitioners, Kishori Singh and Dukh Haran Turiya, were arrested in connection with a case involving the alleged possession of about 100 litres of Mahua liquor, charged under several sections of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. They had been in custody since 24 February 2026 and applied for 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' willingness to deposit money, granted bail on the condition of a Rs.10,000 bond per petitioner with two sureties each, a mandatory donation of Rs.25,000 to Ramakrishna Math, and monthly attendance at the police station. The order was limited to the bail application and did not prejudice the trial. The bail bonds will be accepted upon verification of the donation receipt.
Issues considered
- Whether regular bail should be granted to the accused in a case involving offences under sections 111(2), 315, 318(3), 318(4), 338, 336(3), 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the condition of a charitable donation can be imposed as a term of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 111(2), 315, 318(3), 318(4), 336(3), 338, 3(5)
Subjects
- regular bail
- bail conditions
- charitable donation
- narcotic offences
- Bihar Prohibition and Excise Act
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22046 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
1. Kishori Singh @ Kisor Singh S/o Late Madho Singh.
2. Dukh Haran Turiya @ Dukhran Turiya, S/o Late Yamuna Turiya.
Both are resident of Village - Daniya, P.S - Kawakol, District -
Nawada
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party : Mr. Kalyan Shankar, 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 Kauwakol P.S. Case No.113 of 2026 registered
for the offence under sections 111(2), 315, 318(3), 318(4), 338,
336(3), 3(5) of the B.N.S. and under section 30(a) of the Bihar
Prohibition and Excise Act.
3. It is alleged that about 100 liters of Mahua
liquor has been recovered from the motorcycles of the
petitioners.
4. The petitioners are in custody since
24.02.2026.
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.
Patna High Court CR. MISC. No.22046 of 2026(2) dt.08-04-2026
2/3
6. Learned APP appearing for the State opposes
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
Kauwakol P.S. Case No.113 of 2026.
8. This is also subject to the condition that the
petitioners shall deposit an amount of Rs.25,000/- in
Ramakrishna Math, Village - Jharha (near Matua Pahar), P.O.-
Gurua, Dist. Gayaji, Bihar 824205 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 Kauwakol Police Station, District - Gaya 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
Patna High Court CR. MISC. No.22046 of 2026(2) dt.08-04-2026
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made herein are limited to the adjudication of the present bail
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/-
U T
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