Patna High Court

Arvind Kumar @ Arbind Ray @ Arvindar KumarversusThe State of Bihar

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

Holding

The court held that bail should be granted, subject to strict conditions, to the petitioner.

Summary

The petitioner, Arvind Kumar, was arrested in connection with the seizure of 60 litres of illicit country-made liquor and charged under sections 30(a) and 41 of the Bihar Prohibition & Excise (Amendment) Act, 2018. He claimed innocence, asserted a clean criminal record, and had been in custody since 25 January 2026. The petitioner’s counsel offered a charitable donation of Rs.25,000 and sought regular bail, while the State opposed the relief. The High Court, after considering the facts and submissions, granted bail on the condition of a Rs.10,000 bond with two sureties, verification of a clean antecedent, deposit of the charitable amount with a receipt, and mandatory weekly attendance at the police station. Non‑compliance with any condition would lead to cancellation of bail. The order was pronounced by Justice Sandeep Kumar.

Issues considered

Whether regular bail can be granted to the accused under sections 30(a) and 41 of the Bihar Prohibition & Excise (Amendment) Act, 2018, considering the nature of the offence and the petitioner’s circumstances.

Subjects

bail
prohibition law
excise
illicit liquor
criminal procedure
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26017 of 2026
                        Arising Out of PS. Case No.-89 Year-2026 Thana- DANAPUR District- Patna
                 ======================================================
                 Arvind Kumar @ Arbind Ray @ Arvindar Kumar Son of Late Nand Kishore
                 Ray Resident of Village- Purani Panapur, Ward No. 09, P.S.- Akilpur, District-
                 Patna (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhijeet Gautam, 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

                   Danapur P.S. Case No. 89 of 2026 registered for the offence

                   under sections 30(a) and 41 of the Bihar Prohibition & Excise

                   (Amendment) Act, 2018.

                                3. The recovery is of 60 litres of illicit country-made

                   liquor from a vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 25.01.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that
Patna High Court CR. MISC. No.26017 of 2026(2) dt.20-04-2026
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          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 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 Special Excise Judge, Danapur/

          concerned Court below, in connection with Danapur P.S. Case

          No. 89 of 2026.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the

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

          Ramakrishna Mission Ashrama, Nala Road, Patna and produce

          the receipt of the same before the Court below. The bail bonds
              Patna High Court CR. MISC. No.26017 of 2026(2) dt.20-04-2026
                                                          3/3




                        of the petitioner shall be accepted after verifying the

                        genuineness of the receipt produced by the petitioner.

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

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

                        Akilpur Police Station, District- Patna on every 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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