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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties, a donation of Rs.25,000 to a charitable institution, and monthly police station attendance.

Summary

Raja Kumar was arrested in connection with the seizure of 288 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He had been in custody since 16 February 2026 and claimed innocence, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The High Court, after considering the submissions, granted bail on a bond of Rs. 10,000 with two sureties of the same amount, conditioned on the donation of Rs. 25,000 to the Ramakrishna Mission Ashram and regular attendance at the police station every Sunday. The order is limited to the bail application and does not prejudice the merits of 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 Amendment Act, 2022
  • Whether the conditions imposed (donation, sureties, regular police station attendance) are appropriate for the grant of bail

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • Bihar Prohibition and Excise Amendment Act
  • Section 30(a)
  • criminal procedure
  • surety
  • charitable donation condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26959 of 2026
                   Arising Out of PS. Case No.-65 Year-2026 Thana- KUNDWACHAINPUR District- East
                                                        Champaran
                 ======================================================
                 Raja Kumar S/o Mahesh Singh Resident of village- Baluwa Guabari (Balua
                 Guvabari), P.S.- Kundwa Chainpur, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Singh
                 For the Opposite Party/s :      Mr.Akbar Ali
                 ======================================================
                 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

                   Kundwa Chainpur P.S. Case No. 65 of 2026 registered for the

                   offence under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                 3. The recovery is of 288 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 16.02.2026.

                                 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.26959 of 2026(2) dt.22-04-2026
                                            2/3




          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 Kundwa Chainpur P.S. Case

          No. 65 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

          Kundwa Chainpur 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. 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
          Patna High Court CR. MISC. No.26959 of 2026(2) dt.22-04-2026
                                                      3/3




                    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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