Patna High Court
Deepak @ Sitaram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail may be granted in the present case subject to a cash bond, sureties and specified conditions.
Summary
The petitioner, Deepak @ Sitaram Yadav, was arrested for possession of 46.920 litres of illicit liquor alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without pleading guilty. The State opposed the bail. The Court, after considering the facts and submissions, granted bail on a cash bond of Rs. 10,000 with two sureties, conditioned on the donation of Rs. 25,000 to the Ramakrishna Mission and monthly attendance at the local police station. The order is limited to the bail application and does not prejudice the trial. The petitioner must produce the receipt of the donation for verification.
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 conditions imposed, including a charitable donation, are permissible for bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25154 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- BRAHMPUR District- Buxar
======================================================
Deepak @ Sitaram Yadav
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shankar Kumar
For the Opposite Party/s : Mr.Akbar Ali
======================================================
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 petitioner seeks bail in connection with
Brahmpur P.S. Case No. 20 of 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
46.920 litres of illicit liquor from the bag of the petitioner.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
27.01.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.25154 of 2026(2) dt.16-04-2026
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organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Judge-2, Buxar, /concerned Court below in
connection with Brahmpur P.S. Case No. 20 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit cumulatively an amount of Rs. 25,000/-
in Ramakrishna Mission Ashrama, Ramakrishna Avenue, Patna,
Bihar-800004 and produce the receipt of the same before the
Court below. The bail bonds of the petitioner shall be accepted
after verifying the genuineness of the receipt produced by the
petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark their attendance at
local P.S. on first Sunday of each month. Any default in
appearance at the police station will result in cancellation of bail
bonds of the petitioner.
Patna High Court CR. MISC. No.25154 of 2026(2) dt.16-04-2026
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10. 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
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