Patna High Court
Raj Kishore Gond @ Rajkishor GondversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Raj Kishore Gond, was arrested on 21 February 2026 in connection with the seizure of 523.200 litres of foreign liquor and beer from a pickup van, alleged to be an offence under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He applied for regular bail, asserting his innocence, lack of any criminal antecedent, and willingness 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. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties, verify his clean antecedent, deposit Rs.25,000 with the Ramakrishna Mission, and report to the police station on any two Sundays each month, failing which bail may be cancelled. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether regular bail should be granted to the accused in an offence under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether the petitioner satisfies the criteria for bail, including clean antecedent and willingness to comply with conditions.
Subjects
- bail
- regular bail
- excise law
- foreign liquor seizure
- section 30(a)
- Bihar Prohibition & Excise Act
- charitable donation condition
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22139 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- Excise P.S. District- Bhojpur
======================================================
Raj Kishore Gond @ Rajkishor Gond Son of Late Rajnarayan Gond @ Late
Raj Narayan Gond R/o Village- Nawadera, P.S.- Dumraon, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar, Advocate.
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, 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
Excise P.S. Sadar (Ara) Case No. 41 of 2026 registered for the
offence under section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2022.
3. The recovery is of 523.200 litres of country made
foreign liquor and beer were recovered from a pickup van.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 21.02.2026
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.22139 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 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 Exclusive Special Excise Court No. II,
Bhojpur at Ara/ concerned Court below, in connection with
Excise P.S. Sadar (Ara) Case No. 41 of 2026.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. 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
Patna High Court CR. MISC. No.22139 of 2026(2) dt.08-04-2026
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genuineness of the receipt produced by the petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Dumraon Police Station, District- Buxar 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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