Patna High Court
Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to monetary sureties, a charitable donation, verification of clean antecedent and regular police station attendance.
Summary
Vijay Kumar was arrested in connection with the seizure of 342 litres of illicit Nepali country liquor from a poultry farm and charged under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He has been in custody since 14‑02‑2026, claims innocence, has no prior criminal record and offered to donate Rs.25,000 to a charitable organization. The petitioner applied for regular bail while the State opposed the relief. The Court, after considering the facts, the petitioner’s clean antecedent and his willingness to comply with conditions, allowed the bail application. He was released on bail upon furnishing a Rs.10,000 bond with two sureties, depositing Rs.25,000 with Ramakrishna Math, and attending Nirmali Police Station every Sunday, with bail liable to cancellation on default.
Issues considered
- Whether regular bail should be granted to the accused under the Bihar Prohibition & Excise (Amendment) Act, 2022 for alleged possession of illicit liquor
- Whether the petitioner’s clean antecedent and willingness to make a charitable donation justify bail with conditions
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a), 32(3), 41(1), 41(2)
Subjects
- regular bail
- excise law
- illicit liquor
- Bihar Prohibition & Excise Act
- clean antecedent
- surety bond
- charitable donation
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23650 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- EXCISE SIMRAHI District- Supaul
======================================================
Vijay Kumar S/o Guneshwar Yadav R/o Village - Mahua, Ward No.03, P.S.-
Nirmali, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Shadab Alam Wazdi, Advocate
For the Opposite Party/s : Mr.Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Excise Simrahi P.S. Case No. 61 of 2026 registered for the
offence under Sections 30(a), 32(3), 41(1), 41(2) of the Bihar
Prohibition & Excise (Amendment) Act, 2022.
3. The recovery is of 342 litres of illicit Nepali
country liquor from a poultry farm.
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 14.02.2026
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.23650 of 2026(2) dt.15-04-2026
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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 Special Exclusive Excise Court-II,
Supaul/ concerned Court below, in connection with Excise
Simrahi P.S. Case No. 61 of 2026.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall 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 Math, Bhatta Bazar, Purnea, Bihar 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.
Patna High Court CR. MISC. No.23650 of 2026(2) dt.15-04-2026
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11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Nirmali Police Station, District- Supaul on every Sunday 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/-
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