Patna High Court
Rajkumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Petitioner Rajkumar Prasad was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 142.05 litres of illicit liquor. He had been in custody since 11 February 2026 and claimed a clean antecedent. He applied for regular bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The court considered the nature of the offence, the period of custody, and the petitioner’s undertakings, and allowed the bail application. Bail was granted on a bond of Rs. 10,000 with two sureties, subject to depositing Rs. 25,000 with the Ramakrishna Mission, monthly attendance at the police station, and verification of his antecedents.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving large quantities of illicit liquor
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27646 of 2026
Arising Out of PS. Case No.-585 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Rajkumar Prasad S/o- Late Dina Bhagat Resident of Village- Khajuri PS-
Kuchaikote District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
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 Kuchaikote P.S. Case No. 585 of
2025, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 142.05 liters of illicit
liquor have been recovered from the spot. The petitioner is in
custody since 11.02.2026 and claims clean 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.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.27646 of 2026(2) dt.28-04-2026
2/3
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, 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 Kuchaikote P.S.
Case No. 585 of 2025, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Latu Maharaj
Path, opposite Circuit House, Chapra, 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 Kuchaikote Police Station on every
1st and 3rd Sunday of each month. In the event of
default, the bail bonds shall be liable to be
cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
Patna High Court CR. MISC. No.27646 of 2026(2) dt.28-04-2026
3/3
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
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
Checking your session…