Patna High Court
Khushi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Khushi Kumar, was arrested in connection with the seizure of 585 litres of illicit Nepali liquor from three motorcycles under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he had no involvement, no incriminating articles were found on him, and he possessed a clean criminal record, having been in custody since 16 February 2026. The State opposed his bail application. The court, considering his clean antecedent, lack of evidence linking him to the seized liquor, and the period of custody, allowed regular bail on a bond of Rs. 10,000 with two sureties and additional conditions of depositing Rs. 25,000 with a charitable institution and verification of his clean record. The order emphasized that its observations were prima facie and not to influence the trial. The bail was granted subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Subjects
- bail
- excise
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26118 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Khushi Kumar Son of Saukhi Sahni Resident of Village- Khaira Tol,
Madhiya, ward no. 15, P.S.- Basopatti, Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 21-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with
Sadar Excise P.S. Case No. 78 of 2026, corresponding to G.O.
Case No. 466/2026, registered under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Recovery is of 585 litres of illicit Nepali country
made liquor from the three motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. The
petitioner has no concern with the seized motorcycles. No
incriminating article has been recovered from the possession of
the petitioner. The petitioner has no criminal antecedent and he
is in custody since 16.02.2026.
5. Learned A.P.P. for the State has opposed the prayer
Patna High Court CR. MISC. No.26118 of 2026(2) dt.21-04-2026
2/3
for bail.
6. Considering the facts and circumstances of the
case, clean antecedent of the petitioner and also period of
custody, this bail application is allowed.
7. Let the petitioner above named, be granted bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Court concerned where the case is
pending/successor court in connection with Sadar Excise P.S.
Case No. 78 of 2026, corresponding to G.O. Case No. 466/2026,
subject to the condition that:
(i). The petitioner shall deposit a
sum of Rs. 25,000/- (Rupees twenty
five Thousand only) with
Ramakrishna Mission Sevashrama,
Swami Vivekananda Path, Bela,
Muzaffarpur, Bihar and shall
produce a valid receipt thereof
before the court below. The bail
bonds shall be accepted only after
verification of the genuineness of
the said receipt.
(ii) At the time of acceptance of
bail of the petitioner. The bail
bonds shall be accepted only upon
confirmation that the petitioner
Patna High Court CR. MISC. No.26118 of 2026(2) dt.21-04-2026
3/3
has no criminal antecedent.
However, such verification shall
not be used as a ground to
unnecessarily delay acceptance of
the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
Checking your session…