Patna High Court
Ramashankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioners subject to a Rs.10,000 bond with two sureties, verification of clean antecedent, and a condition to deposit Rs.25,000 to Ramkrishna Mission Ashrama.
Summary
The petitioners, Ramashankar Yadav and Chhathu Yadav, were arrested for possession of 105 litres of illicit liquor under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. They asserted that they are innocent, have no prior criminal record, and have been in custody since 2 March 2026. Their counsel offered to donate Rs.25,000 to a charitable organization and sought regular bail. The State opposed the bail application. The court, after considering the facts and submissions, allowed the bail application, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to verification of a clean antecedent and the condition that they deposit Rs.25,000 with the Ramkrishna Mission Ashrama and produce the receipt.
Issues considered
- Whether bail can be granted to accused persons under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022
- Whether the petitioners’ clean criminal antecedent can be verified for the purpose of granting bail
- Whether imposing a condition of charitable donation as part of bail is permissible
Subjects
- bail
- Bihar Prohibition & Excise Act
- illicit liquor
- criminal antecedent
- bond
- surety
- charitable donation condition
- Siwan
- Criminal Miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22112 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- SISWAN District- Siwan
======================================================
1. Ramashankar Yadav S/o Late Shri Ram Yadav Resident of Village- Harihar
Kala, Nawalpur, P.S.- Rewati, District- Baliya, Uttar Pradesh
2. Chhathu Yadav S/o Late Shri Ram Yadav Resident of Village- Harihar Kala,
Nawalpur, P.S.- Rewati, District- Baliya, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek regular bail in connection with
Siwan P.S. Case No. 42 of 2026 registered for the offence under
section 30(a) of the Bihar Prohibition & Excise (Amendment)
Act, 2022.
3. The recovery is of 105 litres of illicit liquor from
the petitioners and other accused persons.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have no criminal antecedent. He
further submits that the petitioners are in custody since
02.03.2026 without any fault.
Patna High Court CR. MISC. No.22112 of 2026(2) dt.08-04-2026
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5. Learned counsel for the petitioners also submits
that the petitioners are ready to donate Rs.25,000/- in some
charitable organization without accepting their guilt.
6. Learned APP appearing for the State opposes the
prayer of the petitioners for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioners,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise Court-2,
Siwan / concerned Court below, in connection with Siwan P.S.
Case No. 42 of 2026.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioners that they have clean antecedent. The bail bonds of
the petitioners shall only be accepted if it is found that they have
clean antecedent.
10. This is also subject to the condition that the
petitioners shall deposit an amount of Rs.25,000/- in
Ramkrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit
Patna High Court CR. MISC. No.22112 of 2026(2) dt.08-04-2026
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House, Chapra and produce the receipt of the same before the
Court below. The bail bonds of the petitioners shall be accepted
after verifying the genuineness of the receipt produced by the
petitioners.
(Sandeep Kumar, J)
tusharika/-
U T
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