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Patna High Court

Budhatma KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




                       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
            Patna High Court CR. MISC. No.25049 of 2026(2) dt.16-04-2026
                                                        3/3




                                      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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