Patna High Court

Vishal KumarversusThe State of Bihar

Decided: 20 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

Vishal Kumar was arrested in connection with the recovery of 197.25 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with Ramakrishna Math and produce the receipt, and attend Natwar Police Station every Sunday. The 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 in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
Whether the conditions imposed (bond, sureties, charitable donation, and regular police station attendance) are appropriate for bail.

Subjects

bail
prohibition law
illicit liquor
Section 30(a)
Bihar Prohibition and Excise Act
surety
charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25877 of 2026
                         Arising Out of PS. Case No.-47 Year-2026 Thana- ITARHI District- Buxar
                 ======================================================
                 Vishal Kumar S/o Dinanath Singh R/o Village- Pachheyari Bhelari
                 (Pashchimi Bhelari), P.S- Natwar, Dist- Rohtas.
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ravi Shankar Pathak
                 For the Opposite Party/s :        Mr.Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Itarhi

                   P.S. Case No. 47 of 2026 registered for the offence under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

                                 3. The recovery is of 197.25 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 13.03.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is 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 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
          Patna High Court CR. MISC. No.25877 of 2026(2) dt.20-04-2026
                                                      2/2




                    like amount each to the satisfaction of the learned concerned

                    Court below in connection with Itarhi P.S. Case No. 47 of 2026.

                                  8. This is also subject to the condition that the

                    petitioner shall deposit an amount of Rs. 25,000/- in

                    Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.

                    Gurua, Dist. Gayaji, Bihar 824205 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 his attendance at

                    Natwar Police Station on every Sunday of each month. Any

                    default in appearance at the police station will result in

                    cancellation of bail bonds of 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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