Patna High Court
Prashant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified monetary and procedural conditions.
Summary
The petitioner, Prashant Kumar, was arrested on 09 March 2026 in connection with the recovery of 244.4 litres of illicit liquor and charged under Sections 30(a), 32 and 36 of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, no prior criminal record, and offered 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 the petitioner's clean antecedent, granted bail on the condition of a Rs.10,000 bond with two sureties, a Rs.25,000 donation to Ramakrishna Mission Vidyapith, monthly police‑station attendance, and verification of any other excise‑related cases. The order is limited to the bail application and does not prejudice the trial. The bail bonds will be accepted only after confirming the authenticity of the donation receipt.
Issues considered
- Whether bail should be granted to a person accused under Sections 30(a), 32 and 36 of the Bihar Prohibition and Excise Act for possession of illicit liquor.
- Whether imposing a charitable donation as a condition of bail is permissible.
- Whether the petitioner’s lack of prior criminal antecedent warrants bail.
Subjects
- bail
- illicit liquor
- prohibition
- excise
- criminal procedure
- charitable donation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26061 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- BAHADURGANJ District- Kishanganj
======================================================
Prashant Kumar S/O Suman Kumar Suman Resident of Village- Sripur, P.S.-
Naugachia, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivanand Singh
Mr. Andlib Imrose
Mr. Amisha Pakash
For the Opposite Party/s : Mr.Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Case
No. Special 90 of 2026 (Arising out of Bahadurganj) P.S. Case
No. 144 of 2026 registered for the offence under Section 30(a),
32, 36 of the Bihar Prohibition and Excise Act.
3. The recovery is of 244.400 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 09.03.2026. He
further submits that the petitioner has no similar criminal
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.26061 of 2026(2) dt.21-04-2026
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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 concerned
Court below in connection with Case No. Special 90 of 2026
(Arising out of Bahadurganj P.S. Case No. 144 of 2026).
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O.
Vidyapith Deoghar, Jharkhand 814 112 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
Naugachia 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. As the petitioner claims to have no similar
Patna High Court CR. MISC. No.26061 of 2026(2) dt.21-04-2026
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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 arising out of excise act then the bail bonds of the
petitioner shall not be accepted.
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
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
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