Patna High Court
Sajit Kumar @ Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
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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