Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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