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Patna High Court

Mani Bhushan RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner with specified monetary and reporting conditions.

Summary

Mani Bhushan Rai was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 for possessing about seven litres of illicit foreign liquor. The petitioner, who has six prior criminal records, applied for regular bail, offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, deposit Rs.25,000 with Ramkrishna Mission Ashrama, and report to the police station every Sunday. Failure to comply would result in cancellation of bail. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • What is the appropriate bail disposition for an accused charged under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022, considering his prior criminal antecedents and the conditions he is willing to fulfill?

Subjects

  • bail
  • regular bail
  • prohibition law
  • excise
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition & Excise Act
  • charitable donation condition
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25966 of 2026
                         Arising Out of PS. Case No.-66 Year-2026 Thana- MAKER District- Saran
                 ======================================================
                 Mani Bhushan Rai S/O Nageshwar Rai @ Bhutai Rai Resident of Village-
                 Madhubani, Police Station- Amnour, District- Saran at Chapra.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vishesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Parmanand Prasad, 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 regular bail in connection with

                   Maker P.S. Case No. 66 of 2026 registered for the offence under

                   section 30(a) of the Bihar Prohibition & Excise (Amendment)

                   Act, 2022.

                                3. The recovery is of about seven litres of illicit

                   foreign liquor from the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has six criminal antecedents. He

                   further submits that the petitioner is in custody since 03.03.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.25966 of 2026(2) dt.20-04-2026
                                            2/3




          organization without accepting his guilt

                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                        7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                        8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned 3rd Exclusive Special Excise Court, Saran

          at Chapra / concerned Court below, in connection with Maker

          P.S. Case No. 66 of 2026.

                        9. This is also subject to the condition that the

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

          Mission Ashrama, Latu Maharaj Path, Opp. Circuit House,

          Chapra 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. As a condition of this order, the petitioner after

          being released on bail, is directed to mark his attendance at

          Amnour Police Station, District- Saran at Chapra on every
              Patna High Court CR. MISC. No.25966 of 2026(2) dt.20-04-2026
                                                          3/3




                        Sunday of the month. Any default in appearance at the Police

                        Station will result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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