Patna High Court
Rahul Singh @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a cash bond, sureties, and a stipulated charitable donation.
Summary
The petitioner, Rahul Singh, was arrested in connection with the seizure of 354.96 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence and having been in custody since 18 March 2026. His counsel offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the circumstances, ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties of the same amount, and conditioned the bail on the deposit of Rs.25,000 with the Ramakrishna Mission Ashram, subject to verification of the receipt. The court clarified that its order is limited to the bail application and does not prejudice the merits of 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 condition of a charitable donation can be imposed as a term of bail
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- charitable donation condition
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25178 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Rahul Singh @ Rahul Kumar S/O Late Sanjeev Singh R/O Vill.- Usti, P.S-
Baniyapur, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 10-04-2026 This case has been listed for out of turn hearing as
the marriage of the petitioner is fixed for 20.04.2026.
2. Heard the parties.
3. The petitioner seeks bail in connection with
Baniyapur P.S. Case No. 67 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act.
4. The recovery is of 354.96 liters of illicit liquor
from the petitioner.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 18.03.2026.
6. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
7. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.25178 of 2026(2) dt.10-04-2026
2/2
prayer for bail of the petitioner.
8. 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 concerned
Court below in connection with Baniyapur P.S. Case No. 67 of
2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra 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.
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 petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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