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Patna High Court

Ram Kumar Sah @ Ram Kr. SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Ram Kumar Sah was arrested in connection with the seizure of 77.67 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 12 March 2026 and possessed one prior criminal antecedent (Kochadhaman P.S. Case No. 24 of 2024). The petitioner applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with conditions including the charitable donation, monthly police station attendance, and verification of his criminal record. The order emphasized that the observations were prima facie and would not affect the trial.

Issues considered

  • Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act with a prior criminal antecedent
  • Whether the conditions imposed, including a charitable donation, are permissible for bail

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • charitable donation condition
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27600 of 2026
                        Arising Out of PS. Case No.-95 Year-2026 Thana- Excise P.S. District- Araria
                 ======================================================
                 Ram Kumar Sah @ Ram Kr. Sah S/o Shri Manoj Sah R/o vill - Domohan,
                 ward no. 12, P.s.- Mahalgaon, Distt.- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Gopal Kumar Jha
                 For the Opposite Party/s :         Mr. Umesh Lal Verma
                 ======================================================
                 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 present application has been filed seeking

                   regular bail in connection with Araria Excise P.S. Case No. 95

                   of 2026, registered for offences punishable under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 77.67 liters of illicit

                   liquor have been recovered from the vehicle in question. The

                   petitioner is in custody since 12.03.2026 and has one criminal

                   antecedent.

                                4. Learned counsel for the petitioner submits that the

                   petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees

                   Twenty-Five Thousand only) to a charitable organization,

                   without prejudice to his defence and without admitting guilt.
Patna High Court CR. MISC. No.27600 of 2026(2) dt.28-04-2026
                                            2/3




                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case and the submissions advanced on behalf of the parties,

          the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Araria Excise P.S.

          Case No. 95 of 2026, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Math, Bhatta Bazar, Purnea,
                          Bihar and shall produce a valid receipt thereof
                          before the court below. The bail bonds shall be
                          accepted only after verification of the genuineness
                          of the said receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Mahalgaon Police Station on every
                          Sunday of each month. In the event of default, the
                          bail bonds shall be liable to be cancelled.

                                       (iii). Before accepting the bail bonds of
                          the petitioner, the court below shall verify the
                          petitioner’s criminal antecedents. If it is found that
            Patna High Court CR. MISC. No.27600 of 2026(2) dt.28-04-2026
                                                        3/3




                                      the petitioner has any criminal antecedents other
                                      than Kochadhaman P.S. Case No. 24 of 2024, the
                                      bail bonds shall not be accepted. However, if the
                                      petitioner is found to have only one criminal
                                      antecedent, namely Kochadhaman P.S. Case No.
                                      24 of 2024, the bail bonds shall be accepted by the
                                      court below.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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