Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner with specified monetary and attendance conditions.
Summary
Brajesh Kumar was arrested in connection with a case involving the seizure of 360 litres of illicit liquor and alleged violations of Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Prohibition and Amendment Act, 2022. He had been in custody since 11 February 2026 and applied for bail, asserting his innocence and offering to donate Rs.25,000 to a charitable organization. The State opposed the bail application. The 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 the Ramakrishna Mission Ashram, and attend the police station every Sunday. The order also stipulated automatic cancellation of bail if the petitioner is later found involved in any Excise/NDPS case. The Court clarified that the order pertains only to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged offences under the Bihar Narcotic Substances Act and the Bihar Excise Prohibition and Amendment Act, 2022.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- excise law
- narcotic substances
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27450 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- LAUKAHI District- Madhubani
======================================================
Brajesh Kumar S/o Sobhit Mandal @ Shobhit Kumar Resident of Village-
Karhawa, P.S.- Laukahi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Laukahi P.S. Case No. 14 of 2026 registered for the offence
under Sections 274, 275, 3(5) of the BNS and under Section
30(a) of the Bihar Excise Prohibition and Amendment Act,
2022.
3. The recovery is of 360 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 11.02.2026.
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.27450 of 2026(2) dt.28-04-2026
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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 Laukahi P.S. Case No. 14 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 a nd 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
Laukahi 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 made clear that if the petitioner, in future,
is found to be involved in any other case registered under the
provisions of Excise/NDPS Act then his bail bonds shall
Patna High Court CR. MISC. No.27450 of 2026(2) dt.28-04-2026
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automatically be cancelled.
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
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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