Patna High Court
AchinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Achin, was arrested in connection with the seizure of 145.5 liters of illicit liquor and charged under Sections 338 and 336(3) of the BNS and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He claimed innocence, asserted a clean criminal record, and offered to donate Rs. 25,000 to a charitable organization. The State opposed his bail, but the Court considered the facts, his lack of antecedent, and his willingness to comply with conditions. The Court granted bail on the condition of a Rs. 10,000 bond with two sureties, a Rs. 25,000 deposit to Ramakrishna Math, regular attendance at the police station, and verification of his antecedent. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 338, 336(3) of the BNS and Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of innocence, clean antecedent, and willingness to make a charitable donation justify bail.
- What conditions, if any, are appropriate for granting bail in this case.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- BNS — s. 336(3), 338
Subjects
- bail
- illicit liquor
- prohibition
- excise
- criminal procedure
- surety
- antecedent verification
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23868 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- KISHANPUR District- Supaul
======================================================
Achin S/O Adhir Haldhar @ Aadhir R/O Village- H.Block, A-322, P.S-
Jahagirpuri, Distt.- North Delhi- 110033.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kishanpur P.S. Case No. 10 of 2026 registered for the offence
under Section 338, 336(3) of the BNS and under Section 30(a),
41(1) of the Bihar Prohibition and Excise Act.
3. The recovery is of 145.5 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 17.01.2026. He
further submits that the petitioner has no criminal antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.23868 of 2026(3) dt.20-04-2026
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prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Kishanpur P.S. Case No. 10 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnia 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.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Jehangirpuri Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
Patna High Court CR. MISC. No.23868 of 2026(3) dt.20-04-2026
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petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
12. Let a copy of this order be communicated to the
Deputy Commissioner of Police, North West Delhi/concerned
Deputy Commissioner of Police through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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