Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to a bond, a charitable donation, and attendance conditions.
Summary
Akhilesh Kumar was arrested in connection with the seizure of 97.5 litres of illicit foreign liquor, alleged to be an offence under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He applied for regular bail, claiming innocence, having only one prior criminal antecedent, and having been in custody since 15 February 2026. The petitioner offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with the Ramakrishna Mission, and report to the police station on two Sundays each month, failing which bail would be cancelled.
Issues considered
- Whether bail should be granted to the accused in an offence under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether the conditions imposed, including a monetary donation and periodic police attendance, are appropriate for granting bail.
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22134 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- GOPALPUR District- Patna
======================================================
Akhilesh Kumar S/o- Jhulan Sahani Resident of Village-Hanuman Nagar P.S.
Patrakar Nagar District- Patna Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mahtab Alam, Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, 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 regular bail in connection with
Gopalpur P.S. Case No. 87 of 2026 registered for the offence under
section 30(a) of the Bihar Prohibition & Excise (Amendment) Act,
2022.
3. The recovery is of 97.500 litres of illicit foreign liquor
from a godown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has one criminal antecedent. He further
submits that the petitioner is in custody since 15.02.2026 without any
fault.
5. Learned counsel for the petitioner also submits that the
petitioner is ready to donate Rs.25,000/- in some charitable
organization without accepting his guilt
Patna High Court CR. MISC. No.22134 of 2026(2) dt.08-04-2026
2/2
6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case as
well as the submissions of learned counsel for the petitioner, 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) with two sureties of the like amount each to the satisfaction of
learned Special Judge Excise II, Patna / concerned Court below, in
connection with Gopalpur P.S. Case No. 87 of 2026
9. This is also subject to the condition that the petitioner
shall deposit an amount of Rs.25,000/- in Ramakrishna Mission
Ashrama, Nala Road, Patna 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.
10. As a condition of this order, the petitioner after being
released on bail, is directed to mark his attendance at Patrakar Nagar
Police Station, District- Patna on any two Sundays of the month. Any
default in appearance at the Police Station will result in cancellation
of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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