Patna High Court
Kameshwar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(i)
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
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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
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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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