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Patna High Court

Kameshwar ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified bond, donation, antecedent verification, and attendance conditions.

Summary

Kameshwar Thakur was arrested in connection with Excise P.S. Case No. 34 of 2021 for alleged contravention of Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016, after 2,554.2 litres of illicit liquor were recovered from his vehicle. The petitioner pleaded innocence, asserted a clean antecedent, and offered to donate Rs. 15,000 to a charitable organization while seeking bail. The State opposed the bail application. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 15,000 with the Ramakrishna Mission, and comply with verification of antecedents and monthly police‑station attendance. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in an excise case under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016
  • Whether the petitioner’s clean antecedent and willingness to make a charitable donation justify bail

Legislation cited

Subjects

  • bail
  • excise offence
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • charitable donation
  • police attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28564 of 2026
                   Arising Out of PS. Case No.-34 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                 District- East Champaran
                 ======================================================
                 Kameshwar Thakur S/o Hirdya Nand Thakur R/o Vill- Barwa, P.S.- Pipra,
                 Distt- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Kumar Vikram, Advocate
                 For the State          :      Mr.Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Excise

                   P.S. Case No. 34 of 2021 registered for the offence punishable

                   under Section 30(a) and 41(i) of the Bihar Prohibition and

                   Excise Act, 2016.

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

                   2554.200 litres of illicit liquor from a pick-up vehicle.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   19.02.2026 and claims clean antecedent.

                                 5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.28564 of 2026(2) dt.07-05-2026
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          petitioner is ready to donate Rs. 15,000/- in some charitable

          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 submissions of learned counsel for the petitioner, let 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 Excise Court No. 2, East Champaran, Motihari/

          concerned Court below in connection with Excise P.S. Case No.

          34 of 2021.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 15,000/- 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 petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                       9. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If
           Patna High Court CR. MISC. No.28564 of 2026(2) dt.07-05-2026
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                     the petitioner is found to be involved in any other case then the

                     bail bonds of the petitioner shall not be accepted.

                                  10. As a condition of this order, the petitioner after

                     being released on bail is directed to mark his attendance at Pipra

                     Police Station, District- East Champaran on the first and third

                     Sunday of each month. Any default in appearance at the police

                     station will result in cancellation of bail bonds of the petitioner.

                                  11. It is, however, clarified that the observations made

                     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 express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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