Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted subject to the stipulated conditions.
Summary
Arun Kumar was arrested in connection with the seizure of 86,400 litres of illicit liquor and charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, a clean criminal record, and offering to donate Rs. 25,000 to charity. The State opposed the bail. The High Court, after considering the facts and the petitioner's lack of antecedents, granted bail on the condition of a Rs. 10,000 bond with two sureties, a Rs. 25,000 deposit to the Ramakrishna Mission, regular attendance at the police station, and verification of his clean record. The order also stipulated automatic cancellation of bail if the petitioner becomes involved in any future Excise or NDPS case. The court clarified that the order pertains only to bail and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the court are appropriate and lawful.
Legislation cited
Subjects
- bail
- illicit liquor
- excise law
- criminal antecedent
- Bihar Prohibition and Excise Act
- NDPS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27543 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- EXCISE SONPUR District- Saran
======================================================
Arun Kumar Son of Sakal Ram @ Sakal Das Resident of Village - Bheldi
Ward No. 10, Police Station - Bheldi, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashad
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
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
Sonepur Excise P.S. Case No. 16 of 2026 registered for the
offence under Section 30(a), 32 of the Bihar Prohibition and
Excise Act.
3. The recovery is of 86.400 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 23.02.2026. He
further submits that the petitioner has no criminal antecedent.
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
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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 Sonepur Excise P.S. Case No.
16 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, Latu Maharaj Path, Chhapra 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
Bheldi Police Station on first and third Sunday of each month.
Any default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the same and if it is found that
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the petitioner has no criminal antecedent then only his bail
bonds shall be accepted.
11. 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
automatically be cancelled.
12. 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/-
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