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Patna High Court

Deepak @ Sitaram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                   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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