Patna High Court
KAUSHAL KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioners subject to the conditions specified by the Court.
Summary
The petitioners, Kaushal Kumar and Bhupesh Kumar, were arrested in connection with the recovery of 271 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for bail, claiming innocence, a clean antecedent, and offering to donate Rs. 25,000 to charity without admitting guilt. The State opposed the bail. The High Court considered the facts, the petitioners' clean record, and the nature of the offence, and ordered that bail be granted on the condition of a Rs.10,000 bond per petitioner with two sureties, a cumulative donation of Rs.25,000 to Ramakrishna Mission, verification of antecedents, and regular attendance at the police station. The order also stipulated that any involvement in other cases or failure to appear would lead to cancellation of bail. The Court clarified that its observations were limited to the bail application and did not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the Court are appropriate for granting bail.
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- surety
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25119 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- BHIMPUR District- Supaul
======================================================
1. KAUSHAL KUMAR Son of Shankar Kumar Singh Resident of village -
Daulatpur, P.S.- Raghopur, District - Supaul
2. Bhupesh Kumar Son of Bhola Sah Resident of village - Daulatpur, P.S.-
Raghopur, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr.Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Bhimpur P.S. Case No. 27 of 2026 (S.T. Excise No.159/2026)
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
271 litres of illicit liquor from the car.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and have falsely
been implicated in this case. The petitioners are in custody since
16.02.2026 having clean antecedent.
Patna High Court CR. MISC. No.25119 of 2026(2) dt.16-04-2026
2/3
5. Learned counsel for the petitioner submits that the
petitioners are ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioners.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioners, let the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned Court
of P.O., Exclusive Special Excise Court No.1, Supaul/concerned
Court below in connection with Bhimpur P.S. Case No. 27 of
2026 (S.T. Excise No.159/2026).
8. This is also subject to the condition that the
petitioner shall deposit cumulatively an amount of Rs. 25,000/-
in Ramakrishna Mission Math, Bhatta Bazar, Purnea, Bihar-
854301 and produce the receipt of the same before the Court
below. The bail bonds of the petitioners shall be accepted after
verifying the genuineness of the receipt produced by the
petitioners.
9. As the petitioners claim to have clean antecedent,
the Court below, before accepting the bail bonds of the
Patna High Court CR. MISC. No.25119 of 2026(2) dt.16-04-2026
3/3
petitioners is directed to verify the antecedent of the petitioners.
If the petitioners are found to be involved in any other case then
the bail bonds of the petitioners shall not be accepted.
10. As a condition of this order, the petitioner after
being released on bail is directed to mark their attendance at
Raghopur P.S., Distt. Supaul 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 petitioners.
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 petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
sanjeev/-
U T
Checking your session…