Patna High Court

Jaypal kumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The Court granted regular bail to the petitioner with specified conditions.

Summary

The petitioner, Jaypal Kumar, was arrested in connection with the seizure of 620 litres of illicit liquor from a pick‑up van, alleged to violate Section 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act, 2022. He applied for regular bail, claiming innocence, a clean criminal record, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts and the petitioner's lack of antecedents, allowed the bail application subject to a bond of Rs. 10,000 with two sureties, verification of his clean record, a Rs. 25,000 donation to Ramakrishna Mission Ashrama, and a requirement to appear at the police station on two Sundays each month. Non‑compliance would lead to cancellation of bail. The order was pronounced by Justice Sandeep Kumar.

Issues considered

Whether regular bail should be granted to the accused in offences under Section 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act, 2022, considering the nature of the offence and the accused's antecedents.

Legislation cited

B.N.S. — s. 317(5)

Subjects

bail
illicit liquor
Bihar Prohibition & Excise Act
B.N.S.
regular bail
criminal antecedent
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27131 of 2026
                     Arising Out of PS. Case No.-99 Year-2026 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Jaypal kumar son of Bhawikshan Sahani @ Bhavichhan Sahni Resident Of
                 Village- Vijay Chhapra Ps -Ahiyapur District -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vibhuti Kumar, Advocate
                 For the Opposite Party/s :       Mr.Nand Kumar, 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

                   Minapur P.S. Case No. 99 of 2026 registered for the offence

                   under section 317(5) of B.N.S. and Section 30(a) of the Bihar

                   Prohibition & Excise Act, 2022.

                                3. The recovery is of 620 litres of illicit liquor from a

                   pick-up van.

                                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 07.03.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.27131 of 2026(2) dt.22-04-2026
                                            2/3




          organization without accepting his guilt.

                        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 Court of Exclusive Special Excise Court-

          I, Muzaffarpur/ concerned Court below, in connection with

          Minapur P.S. Case No. 99 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 Mission Ashrama, 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
              Patna High Court CR. MISC. No.27131 of 2026(2) dt.22-04-2026
                                                          3/3




                        genuineness of the receipt produced by the petitioner.

                                     11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Ahiyapur Police Station, District- Muzaffarpur on any two

                        Sundays 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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