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Patna High Court

Sajit Kumar @ Sujit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Sajit Kumar, was arrested in connection with a case involving 450 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence and a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the custody period and the submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with specific conditions, including a donation, monthly police station attendance, and verification of antecedents. The order expressly stated that the observations were prima facie and would not affect the trial. Consequently, the petitioner was released on bail subject to the stipulated conditions.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and the conditions proposed justify bail despite the seriousness of the alleged offence.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29327 of 2026
                      Arising Out of PS. Case No.-726 Year-2026 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Sajit Kumar @ Sujit Kumar S/O Ram Babu Paswan R/O Village- Tandaspur
                 Rupauli ward no. 4 @Rupauli ward no. 4 @ Rupaul ward no. 4, P.S.-
                 Bathnaha, Dist.- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Santosh Kumar
                 For the Opposite Party/s :         Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Sitamarhi P.S. Case No. 726 of

                   2026, registered for offences punishable under Sections 30(a)

                   and 32(3) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 450 liters of illicit

                   liquor have been recovered from the vehicle in question. The

                   petitioner is in custody since 24.03.2026 and claims clean

                   antecedent.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence; rather,

                   he has been falsely implicated in the present case. It is further
Patna High Court CR. MISC. No.29327 of 2026(2) dt.11-05-2026
                                            2/3




          submitted that the petitioner undertakes to donate a sum of Rs.

          25,000/- (Rupees Twenty-Five Thousand only) to a charitable

          organization, without prejudice to his defence and without

          admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody, and the submissions advanced

          on behalf of the parties, the application for bail is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Sitamarhi P.S. Case

          No. 726 of 2026, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Mission Sevashrama, Swami
                          Vivekananda Path, Bela, Muzaffarpur, Bihar, and
                          shall produce a valid receipt thereof before the
                          court below. The bail bonds shall be accepted only
                          after verification of the genuineness of the said
                          receipt.

                                       (ii). The petitioner shall mark his
            Patna High Court CR. MISC. No.29327 of 2026(2) dt.11-05-2026
                                                        3/3




                                      attendance at Bathnaha Police Station on every 1 st
                                      and 3rd Sunday of each month. In the event of
                                      default, the bail bonds shall be liable to be
                                      cancelled.

                                                   (iii). At the time of acceptance of bail
                                      bonds, the court below shall verify the antecedents
                                      of the petitioner. The bail bonds shall be accepted
                                      only upon confirmation that the petitioner has no
                                      criminal antecedent. However, such verification
                                      shall not be used as a ground to unnecessarily
                                      delay acceptance of the bail bonds.



                                   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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