Patna High Court
Lakhindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted subject to strict conditions.
Summary
The petitioner, Lakhindra Kumar, was arrested in connection with the recovery of 418.80 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without pleading guilty. The State opposed bail, but the court considered the facts, the petitioner's custody since 26.01.2026, and his willingness to comply with conditions. The court granted bail on the condition of a Rs.10,000 bond with two sureties, a Rs.25,000 donation to Ramakrishna Mission, verification of his antecedent, and mandatory weekly police station attendance. 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 a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody, and the petitioner's claims of innocence and clean antecedent
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- surety
- charitable donation
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25933 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- BARGAINIA District- Sitamarhi
======================================================
Lakhindra Kumar Son of Devendra Ray @ Devendra Yadav R/O Vill.-
Masaha Alam, P.S.- Bairgania, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surendra Kishore Thakur, Advocate
For the State : Mr.Sanjay Kumar, APP
======================================================
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
Bairgania P.S. Case No. 60 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
418.80 litres of illicit liquor.
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
26.01.2026 and claims clean antecedent.
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.25933 of 2026(2) dt.20-04-2026
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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
Excise Court-I, Sitamarhi/concerned Court below in connection
with Bairgania P.S. Case No. 60 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar 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 the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
Patna High Court CR. MISC. No.25933 of 2026(2) dt.20-04-2026
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10. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Bairgania Police Station, District- Sitamarhi on every Sunday of
the month. Any default in appearance at the police station will
result in cancellation of bail bonds of the petitioner.
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 petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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