Patna High Court
TarunversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition & Excise Act — s. 30(a), 32(1), 32(3)
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
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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
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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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