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Patna High Court

TarunversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to the conditions imposed.

Summary

Petitioners Tarun and Md. Gulam Rasul were arrested in connection with the seizure of 675 litres of illicit liquor from a vehicle and charged under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition & Excise Act. They had been in custody since 16 March 2026 and pleaded that they were innocent, had clean antecedents and were willing to donate Rs.25,000 each to charity. The State opposed their bail application. The Patna High Court, after considering the submissions, allowed the regular bail application, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with several conditions, including a charitable donation, monthly police‑station attendance, and verification of clean antecedents. The order expressly stated that the observations were prima facie and would not affect the merits of the trial. Consequently, the petitioners were released on bail subject to the stipulated conditions.

Issues considered

  • Whether regular bail should be granted to the accused in an offence under the Bihar Prohibition & Excise Act.
  • Whether the conditions imposed by the court are appropriate and sufficient to ensure the petitioners' compliance and appearance.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28560 of 2026
                  Arising Out of PS. Case No.-57 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
                 ======================================================
           1.     Tarun son of Atar Singh Resident of Village- Lakshmi Garden, Gurgaon,
                  Sector -08, Ps- Sector-08, Guraon, Dist- Gurgaon, State- Harayana
           2.    Md. Gulam Rasul son of Ibrahim @ Ibrahim Miya Resident of Village-
                 Godam Tole, Ward no. 3, Ps- Ladaniya, Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Baleshwar Kamat
                 For the Opposite Party/s :        Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   11-05-2026                  Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek regular bail in connection with

                   Excise Jhanjharpur P.S. Case No. 57 of 2026 registered for the

                   offence under Sections 30(a), 32(1) and 32(3) of the Bihar

                   Prohibition & Excise Act.

                                3. As per the prosecution case, there is recovery of

                   675 liters of illicit liquor from the Scorpio vehicle.

                                4. Learned counsel for the petitioners submits that

                   the petitioners are in custody since 16.03.2026 and have clean

                   antecedent. He further submits that the petitioners are quite

                   innocent and have falsely been implicated in the present case.
Patna High Court CR. MISC. No.28560 of 2026(2) dt.11-05-2026
                                            2/3




          He further submits that the petitioners are ready to donate Rs.

          25,000/- (Rs. Twenty Five Thousand) each in some charitable

          organization without accepting their guilt.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances

          and the submission advanced on behalf of the petitioners, this

          application for regular bail is allowed.

                       7. Let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Court below where the case is pending/successor

          Court in connection with Jhanjharpur P.S. Case No. 57 of 2026

          subject to condition that:-

                                                 (I). The petitioners shall deposit an
                                  amount of Rs. 25,000/- (Rupees Twenty Five
                                  Thousand Only) each in Ramakrishna Mission
                                  Sevashrama, Swami Vivekananda Path, Bela,
                                  Muzaffarpur, Bihar and produce the receipt of the
                                  same before the Court below. The bail bonds of the
                                  petitioners shall be accepted only after verifying the
                                  genuineness of the receipt produced by the
                                  petitioners.
                                                 (ii) The petitioners are directed to mark
                                  their attendance at their respective Police Stations
                                  on every Sunday of each month. Petitioner No. 1
                                  shall mark his attendance at Sector-08 Police
            Patna High Court CR. MISC. No.28560 of 2026(2) dt.11-05-2026
                                                        3/3




                                              Station, Gurgaon, Haryana and Petitioner No. 2
                                              shall mark his attendance at Ladaniya Police
                                              Station, Madhubani. In case of failure to comply
                                              with the said condition, the bail bond of the
                                              concerned petitioner shall be liable to be cancelled.
                                                           (iii) Both the bailors of Petitioner No. 1
                                              shall be local residents.
                                                           (iii) At the time of accepting the bail
                                              bonds of petitioners, the Court below shall verify
                                              whether the petitioners have clean antecedents.
                                              Only in the event it is found that the petitioners have
                                              clean antecedents, their bail bonds shall be
                                              accepted by the Court below. However, it is made
                                              clear that the acceptance of bail bonds, in terms of
                                              the above-mentioned order, shall not be delayed on
                                              account of or in the name of such verification.


                                   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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