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Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            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 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
                                                      3/3




                    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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