Patna High Court
Lav Kush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Lav Kush Kumar was arrested in connection with the recovery of 107 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, claiming a clean antecedent and offering to donate Rs.20,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the custody period and submissions, allowed the bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions including the charitable donation, regular attendance at the police station, and verification of his antecedents. The order emphasized that the observations were prima facie and not to influence the trial. Consequently, the petitioner was released on bail subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor.
- Whether the condition of a charitable donation can be imposed as a term of bail.
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- conditions of bail
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25102 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Lav Kush Kumar Son Munna Kol R/O Vill.- Tarachandi Ward No. 15, P.S.-
Darigaon, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivam Aniket
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
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 Sasaram Excise P.S. Case No.
92 of 2026, registered for offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 107 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. 20,000/- (Rupees
Twenty Thousand only) to a charitable organization, without
prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.25102 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
Sasaram Excise P.S. Case No. 92 of 2026, subject to the
following conditions:
(I). The petitioner shall deposit a sum of
Rs. 20,000/- (Rupees Twenty 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 Darigaon Police Station on every 1st
and 3rd 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
Patna High Court CR. MISC. No.25102 of 2026(2) dt.16-04-2026
3/3
bonds, the court below shall verify the antecedents
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.