Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, granting regular bail subject to specified conditions.
Summary
The petitioner, Prakash Kumar, was arrested in connection with the seizure of 120 litres of illicit mahua liquor, alleged under section 30(a) of the Bihar Prohibition & Excise Act. He claimed innocence, asserted a clean criminal record, and had been in custody since 2 March 2026. The petitioner’s counsel offered a charitable donation of Rs.25,000 and sought regular bail, while the State opposed the relief. The High Court, after considering the facts and submissions, granted bail on the condition of a Rs.10,000 bond with two sureties, verification of the petitioner’s clean antecedent, deposit of the Rs.25,000 donation to a specified charitable institution, and mandatory weekly attendance at the police station. Non‑compliance with any condition would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to a person accused under section 30(a) of the Bihar Prohibition & Excise Act for possession of illicit liquor
- Whether the conditions imposed by the court, including a charitable donation and regular police‑station attendance, are permissible under criminal procedure law
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Bihar Prohibition & Excise Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27086 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- SAHPUR District- Bhojpur
======================================================
Prakash Kumar S/o Bharat Yadav @ Bharat Prasad R/o Village and PO, P.S. -
Shahpur, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mayashankar Mishra, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, 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 regular bail in connection with
Shahpur P.S. Case No. 56 of 2026 registered for the offence
under section 30(a) of the Bihar Prohibition & Excise Act.
3. The recovery is of 120 litres of illicit mahua
country-made liquor from a vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 02.03.2026
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
organization without accepting his guilt.
Patna High Court CR. MISC. No.27086 of 2026(2) dt.22-04-2026
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6. Learned APP appearing for the State opposes the
prayer of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge-II,
Bhojpur, Ara/ concerned Court below, in connection with
Shahpur P.S. Case No. 56 of 2026.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. 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, Gayaji 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
Patna High Court CR. MISC. No.27086 of 2026(2) dt.22-04-2026
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petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Shahpur Police Station, District- Bhojpur on every Sunday of
the month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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