Patna High Court
Budhatma KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Budhatma Kumar was arrested in connection with an excise case (Case No. 182 of 2026) for possession of 535.680 litres of illicit liquor, alleged to violate Sections 41, 47 and 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 18 February 2026 and claimed a clean antecedent. The petitioner offered to donate Rs. 25,000 to a charitable organization as part of his bail undertaking, without admitting guilt. The State opposed the bail, but the Court, after considering the facts, custody period and the petitioner’s clean record, allowed the bail application. The Court ordered release on a bail bond of Rs. 10,000 with two sureties, conditioned on the charitable donation, monthly attendance at the police station, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused in an illicit liquor case under Sections 41, 47 and 30(a) of the Bihar Prohibition and Excise Act considering the seriousness of the offence and the period of custody.
Subjects
- bail
- illicit liquor
- excise
- criminal procedure
- Bihar Prohibition and Excise Act
- conditions of bail
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25049 of 2026
Arising Out of PS. Case No.-182 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Budhatma Kumar S/O Munna Singh Resident of Village- Nadhi, P.S.- Sahaar,
District- Bhojpur,
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 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 Nawada Excise P.S. Case No.
182 of 2026, registered for offences punishable under Sections
41, 47 & 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 535.680 liters of illicit
liquor have been recovered from the vehicle in question. The
petitioner is in custody since 18.02.2026 and claims clean
antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.25049 of 2026(2) dt.16-04-2026
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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 Nawada Excise P.S.
Case No. 182 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Village Jharha (near
Matua Pahar), P.O.Gurua, Dist. Gayaji, 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 Sahaar Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
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of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
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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