Patna High Court

Ashwani Kumar SinghversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner with specified conditions.

Summary

The petitioner, Ashwani Kumar Singh, was arrested in connection with the recovery of 251.28 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, had been in custody since 15 January 2026, and offered to donate Rs. 25,000 to a charitable organization without pleading guilty. The State opposed bail, but the court, after considering the circumstances, ordered his release on bail with a cash bond of Rs. 10,000 and two sureties of the same amount, subject to the donation of Rs. 25,000 to Ramakrishna Math and regular attendance at the police station. The order also stipulated that any default in attendance would lead to cancellation of bail. The court clarified that the order pertained only to the bail application and did not prejudice the merits of the trial.

Issues considered

Whether bail should be granted to the petitioner accused under the Bihar Prohibition and Excise Act.
Whether the conditions imposed (cash bond, sureties, charitable donation, and police attendance) are appropriate and sufficient to ensure the petitioner’s compliance.

Subjects

bail
excise
illicit liquor
Bihar Prohibition and Excise Act
criminal procedure
surety
charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22091 of 2026
                      Arising Out of PS. Case No.-50 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Ashwani Kumar Singh S/O Bir Singh R/O Village- Jhitkiya Kalhauta, Ward
                 No.7, PS Arar, Dist. Madhepura,Bihar

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Kamal Kishor Kumar, Advocate
                 For the State             :        Mr.Narsingh Tanti, APP
                 ======================================================
                 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 bail in connection with Excise

                   P.S. Case No. 50 of 2026 registered for the offence punishable

                   under Sections 30(a) and 32(3) of the Bihar Prohibition and

                   Excise Act.

                                 3. As per the prosecution case, there is recovery of

                   251.28 of illicit liquor.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   15.01.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.22091 of 2026(2) dt.08-04-2026
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          organization without accepting his guilt.

                       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 submissions 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 Exclusive

          Special Judge Excise-II, Kishanganj/concerned Court below in

          connection with Excise P.S. Case No. 50 of 2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Math, Bhatta Bazar, Purnea, Bihar and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at Arar

          Police Station, District- Madhepura on the 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
           Patna High Court CR. MISC. No.22091 of 2026(2) dt.08-04-2026
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                     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 express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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