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Patna High Court

Amit Kumar @ RajaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to monetary bond, sureties and specific conditions.

Summary

Amit Kumar was arrested for possession of 225 litres of illicit liquor, alleged to violate Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act. He has been in custody since 23 January 2026 and has five prior criminal convictions. The petitioner offered to donate Rs. 25,000 to a charitable organization as a condition for bail, without admitting guilt. The State opposed the bail, citing the seriousness of the offences and the petitioner’s antecedents. The Court, after considering the circumstances, granted regular bail on a bond of Rs. 10,000 with two sureties, subject to the donation and a requirement to attend the police station every Sunday, and clarified that its observations are prima facie and not substantive on the merits.

Issues considered

  • Whether bail should be granted to the petitioner despite the nature of the offences under the Bihar Prohibition and Excise Act and the Arms Act and his prior criminal record.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • arms act
  • criminal antecedents
  • donation condition
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23440 of 2026
                    Arising Out of PS. Case No.-339 Year-2025 Thana- CHHAURADANO District- East
                                                       Champaran
                 ======================================================
                 Amit Kumar @ Raja Son of Ashok Ram Resident of Village - Ekdari, P.S.-
                 Chhauradano, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Singh
                 For the Opposite Party/s :     Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Chhaurandano P.S. Case No. 339

                   of 2025, registered for offences punishable under Section 30(a)

                   of the Bihar Prohibition and Excise Act and Section 25(1-B)a,

                   26 and 35 of the Arms Act.

                                3. As per the prosecution case, 225 liters of illicit

                   liquor have been recovered from the possession of the petitioner.

                   The petitioner is in custody since 23.01.2026 and has five

                   criminal antecedents.

                                4. Learned counsel for the petitioner submits that the

                   petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Patna High Court CR. MISC. No.23440 of 2026(2) dt.01-05-2026
                                            2/3




          Twenty-Five Thousand only) to a charitable organization,

          without prejudice to his defence and without admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody, and the submissions advanced

          on behalf of the parties, the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Chhauradano P.S.

          Case No. 339 of 2025, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Mission Sevashrama, Swami
                          Vivekananda Path, Bela, Muzaffarpur, Bihar and
                          shall produce a valid receipt thereof before the
                          court below. The bail bonds shall be accepted only
                          after verification of the genuineness of the said
                          receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Chhauradano Police Station on
                          every Sunday of each month. In the event of
                          default, the bail bonds shall be liable to be
            Patna High Court CR. MISC. No.23440 of 2026(2) dt.01-05-2026
                                                        3/3




                                      cancelled.



                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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