Patna High Court
Adarsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners subject to bond, donation, and regular police‑station attendance conditions.
Summary
The petitioners, Adarsh Kumar and Rahul Kumar, were arrested for possession of 25 litres of illicit liquor under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. They claimed innocence, noting that each had prior criminal antecedents, and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed bail. The High Court, after considering the facts and the petitioners' willingness to provide sureties and a donation, granted regular bail subject to a bond of Rs.10,000 each with two sureties, a mandatory donation of Rs.25,000 to Ramkrishna Mission Ashrama, and a condition to appear at the police station twice a month. The bail bonds are to be verified by the lower court. Non‑compliance with the attendance condition would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to accused persons charged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 despite prior criminal antecedents.
- Whether the petitioners' offer to donate Rs.25,000 without admission of guilt can be a condition for bail.
Subjects
- bail
- illicit liquor
- excise law
- criminal antecedent
- donation condition
- Section 30(a)
- Bihar Prohibition & Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22117 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Adarsh Kumar S/o Anil Sah R/o vill- Deshari, Jagarabad, P.S.- Deshari,
Dist.- Vaishali
2. Rahul Kumar S/o Amod Kumar Gupta R/o vill - Bidupur, Purani Bazar, P.S.-
Bidupur, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shabina Talat, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, 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
Sadar Excise P.S. Case No. 29 of 2026 registered for the offence
under section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2022.
3. The recovery is of 25 litres of illicit liquor from the
petitioners and other accused persons.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and petitioner no. 1 has one criminal
antecedent and petitioner no. 2 has two criminal antecedents. He
further submits that the petitioners are in custody since
Patna High Court CR. MISC. No.22117 of 2026(2) dt.08-04-2026
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07.02.2026 without any fault.
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-3,
Saran (Chapra) / concerned Court below, in connection with
Siwan P.S. Case No. 42 of 2026.
9. This is also subject to the condition that the
petitioners shall deposit an amount of Rs.25,000/- in
Ramkrishna Mission Ashrama, Nala Road, Patna 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.
10. As a condition of this order, the petitioners after
Patna High Court CR. MISC. No.22117 of 2026(2) dt.08-04-2026
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being released on bail, are directed to mark their attendance at
Bidupur Police Station, District- Vaishali on any two Sundays of
every month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioners.
(Sandeep Kumar, J)
tusharika/-
U T
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