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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Prakash Kumar, was arrested on 26 February 2026 for possession of 94 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, a clean 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 submissions, granted bail on the condition that the petitioner furnish two surety bonds of Rs.10,000 each, deposit Rs.25,000 with Ramakrishna Math, and attend the Sasaram Town Police Station every Sunday, with verification of his antecedent before acceptance of the bonds. The order is limited to the bail application and does not prejudice the merits of the trial. The court also warned that any default in appearance or discovery of other cases would lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act involving illicit liquor.
  • Whether the conditions imposed (surety, monetary deposit, regular police station attendance, antecedent verification) are appropriate for granting bail.

Subjects

  • bail
  • illicit liquor
  • prohibition
  • excise
  • criminal procedure
  • conditions of bail
  • donation
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26072 of 2026
                       Arising Out of PS. Case No.-108 Year-2026 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Prakash Kumar S/O Late Mahesh Prasad R/O Mohalla- Karansarai, Ward No.
                 23, Police Station- Sasaram (Town), Distt.- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Utpal Kant
                 For the Opposite Party/s :         Mr.Shaheen Begum
                 ======================================================
                 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

                   Sasaram Excise Case No. 609 of 2025 / Sasaram Excise P.S.

                   Case No. 108 of 2026 registered for the offence under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                 3. The recovery is of 94 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 26.02.2026. He

                   further submits that the petitioner has no criminal antecedent.

                                 5. Learned counsel for the petitioner submits that 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
Patna High Court CR. MISC. No.26072 of 2026(2) dt.21-04-2026
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          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 Sasaram Excise Case No. 609

          of 2025 / Sasaram Excise P.S. Case No. 108 of 2026.

                        8. This is also subject to the condition that the

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

          Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.

          Gurua, Dist. Gayaji, Bihar 824205 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

          Sasaram Town 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 clean

          antecedent, the Court below, before accepting the bail bonds of

          the petitioner is directed to verify the antecedent of the
          Patna High Court CR. MISC. No.26072 of 2026(2) dt.21-04-2026
                                                      3/3




                    petitioner. If the petitioner is found to be involved in any other

                    case 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/-

U


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