Patna High Court
Sujeet Das @ Jony @ Sujit Das @ Sanjit DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sujeet Das, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 214.200 litres of illicit liquor. He had been in custody since 15 January 2026 and had a prior criminal antecedent in Bela P.S. Case No. 5 of 2021. The petitioner applied for regular bail, offering to donate Rs.10,000 to a charitable organization and not admitting guilt. The State opposed the bail, but the court, after considering the custody period, the nature of the offence, and the petitioner’s antecedents, allowed the bail application. The court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions including a charitable donation, monthly police attendance, and verification of criminal antecedents.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, period of custody, and prior criminal antecedent.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedent
- regular bail
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25072 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- MITHANPURA District- Muzaffarpur
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Sujeet Das @ Jony @ Sujit Das @ Sanjit Das S/O Bihari Das R/O Ward no.
37, P and T Colony, Near Durga Asthan, P.S- Mithanpura, Distt.-
Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh
For the Opposite Party/s : Ms. Anita Kumari
======================================================
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 Mithanpura P.S. Case No. 23 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 214.200 liters of illicit
liquor have been recovered from the vehicle in question. The
petitioner is in custody since 15.01.2026 and has one criminal
antecedent bearing Bela P.S. Case No. 5 of 2021.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 10,000/- (Rupees
Ten Thousand only) to a charitable organization, without
Patna High Court CR. MISC. No.25072 of 2026(2) dt.16-04-2026
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prejudice to his defence and without admitting guilt.
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 Mithanpura P.S.
Case No. 23 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 10,000/- (Rupees Ten Thousand only) with
Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, 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 Mithanpura Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii). Before accepting the bail bonds of
Patna High Court CR. MISC. No.25072 of 2026(2) dt.16-04-2026
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the petitioner, the court below shall verify the
petitioner’s criminal antecedents. If it is found that
the petitioner has any criminal antecedents other
than Bela P.S. Case No. 5 of 2021, the bail bonds
shall not be accepted. However, if the petitioner is
found to have only one criminal antecedent,
namely Bela P.S. Case No. 5 of 2021, the bail
bonds shall be accepted by the court below in
accordance with law.
(iv). It is, however, made clear that the
process of verification shall not be used as a
ground to delay the acceptance of the bail bonds,
which shall be proceeded with expeditiously in
terms of the aforesaid directions.
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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