Patna High Court
Ripunjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to the stipulated conditions.
Summary
Ripunjay Kumar was arrested in connection with the recovery of 440 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He applied for bail, asserting his innocence, a clean antecedent, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with Ramakrishna Math, and verify his antecedent. Additional conditions included regular attendance at the police station on specified days and the possibility of bail cancellation for non‑compliance. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the court, including a monetary donation and attendance requirements, are lawful and appropriate.
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- surety
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26930 of 2026
Arising Out of PS. Case No.-222 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Ripunjay Kumar Son of Rampravesh Prasad Resident of Village- English par
(Enlish), P.S.- Muffassil, District- Aurangabad, Pin- 824102
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramendra Kumar Singh, Advocate
For the State : Mr.Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
Sadar Aurangabad P.S. Case No. 222 of 2026 registered for the
offence punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
440 litres of illicit liquor.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
27.02.2026 and claims clean 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.26930 of 2026(2) dt.22-04-2026
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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 Special
Judge, Excise-II, Aurangabad/concerned Court below in
connection with Excise Sadar Aurangabad P.S. Case No. 222 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 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 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
the petitioner is found to be involved in any other case then the
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bail bonds of the petitioner shall not be accepted.
10. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Muffassil Police Station, District- Aurangabad on the 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.
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 express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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