Patna High Court

Dheeraj Kumar @ VermaversusThe State of Bihar

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

Holding

The Court granted bail to the petitioner subject to specified monetary and attendance conditions.

Summary

The petitioner, Dheeraj Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 2.7 litres of country‑made mahua. He claimed innocence, cited four prior criminal antecedents, and offered to donate Rs. 25,000 to a charitable organization without pleading guilty. The State opposed bail. The Court, after considering the facts and the petitioner's readiness to furnish bail bonds and the charitable donation, ordered his release on bail with a Rs.10,000 bond, two sureties, a condition to deposit Rs.25,000 with Ramakrishna Mission Ashrama, and a requirement to appear at the police station every Sunday, clarifying that the order is limited to the bail application and does not prejudice the trial.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the conditions imposed, including a charitable donation and regular police station attendance, are appropriate for bail

Subjects

bail
prohibition law
excise
criminal procedure
charitable donation condition
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26039 of 2026
                         Arising Out of PS. Case No.-32 Year-2026 Thana- KHAIRA District- Saran
                 ======================================================
                 Dheeraj Kumar @ Verma S/o Late Shivji Ray @ Shivji Rai R/o village -
                 Khodai Bag Chakumakho, P. S - Khaira, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hemant Kumar, Advocate
                 For the State            :        Mr.Dr. Kumar Uday Pratap, 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 Khaira

                   P.S. Case No. 32 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

                   2.700 litres of countrymade mahua from the possession of the

                   petitioner.

                                 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

                   28.01.2026 having four criminal antecedents.

                                 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.26039 of 2026(2) dt.20-04-2026
                                            2/3




          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

          Special Excise Court No. 03, Saran at Chapra/concerned Court

          below in connection with Khaira P.S. Case No. 32 of 2026.

                       8. This is also subject to the condition that the

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

          Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.

          Circuit House, Chapra, 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 a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Khaira Police Station, District- Saran on every Sunday of the

          month. Any default in appearance at the police station will result

          in cancellation of bail bonds of the petitioner.
           Patna High Court CR. MISC. No.26039 of 2026(2) dt.20-04-2026
                                                       3/3




                                  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 express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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