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Patna High Court

AchinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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