Patna High Court

Dasharath DasversusThe State of Bihar

Decided: 21 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner subject to bond, sureties, deposit, attendance, and antecedent verification conditions.

Summary

Dasharath Das was arrested in connection with the recovery of 1,575 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 11 March 2026 and claimed to have no prior criminal record. The petitioner’s counsel argued his innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and submissions, granted bail on a bond of Rs. 10,000 with two sureties, conditioned on a Rs. 25,000 deposit to the Ramakrishna Mission, regular attendance at the police station, and verification of his antecedents, while stating that the order does not prejudice the trial.

Issues considered

Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s clean antecedent and willingness to make a charitable donation justify bail.

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act
criminal procedure
surety
antecedent verification
charitable donation condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26099 of 2026
                     Arising Out of PS. Case No.-78 Year-2026 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Dasharath Das S/O Munchun Das R/O Vill.- Gangapur,P.O-Pandaul,Dist-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Archna Aanand
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 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

                   Pandaul P.S. Case No. 78 of 2026 / G.R. Case No. 366 of 2026

                   registered for the offence under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. The recovery is of 1575 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 11.03.2026. 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.26099 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 Pandaul P.S. Case No. 78 of

          2026 / G.R. Case No. 366 of 2026.

                        8. This is also subject to the condition that the

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

          Ramakrishna Mission Ashram, Bela, Muzaffarpur 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

          Pandaul Police Station on first and third 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 petitioner. If
          Patna High Court CR. MISC. No.26099 of 2026(2) dt.21-04-2026
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                    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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