Umashankar @ Umashankar ThakurversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28427 of 2026
                      Arising Out of PS. Case No.-65 Year-2026 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Umashankar @ Umashankar Thakur S/o Sudarshan R/o Village- Narayanpur,
                 Kotwa Narayanpur, PS- Narahi Sohaon, Dist- Balia, U.P. At present Village-
                 Mohammadabad, PS- Bhawar Kol, Dist- Ghazipur, U. P.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajani Kant Singh, Advocate
                 For the State            :       Mr.Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-05-2026                   Heard the parties.

                                 2.     The petitioner apprehends arrest in connection

                   with Dehri Nagar P.S. Case No.65 of 2026 instituted under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                 3. The recovery is of 138.475 liters of illicit liquor

                   from a tempo. The petitioner is the owner of the vehicle from

                   which the recovery was made.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner, being the owner of a commercial vehicle, cannot be

                   held liable for the illegal acts done by his driver. Further, the

                   petitioner claims clean antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs.25,000/- in some charitable
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          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and also the submission of learned counsel for the petitioner, in

          the event of arrest or surrender before the Court below within

          six weeks from today, 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 Exclusive Special Judge, Excise Court No.1, Rohtas

          at Sasaram/ concerned Court below in connection with Dehri

          Nagar P.S. Case No. 65 of 2026, subject to the conditions laid

          down in Section 482 of the BNSS/ 438(2) of the Code of

          Criminal Procedure, 1973.

                       8. This is also subject to the condition that the

          petitioner     shall    deposit      an    amount    of   Rs.25,000/-   in

          Ramakrishna Mission Ashrama, Luxa Road, Varanasi and

          produce the receipt of the same before the Court below at the

          time of furnishing bail bonds. The bail bonds of the petitioner

          shall be accepted after verifying the genuineness of the receipt

          produced by him.

                       9. It is, however, clarified that the observations made
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                     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)

P. Kumar

U     T