Patna High Court
Vishwajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to a cash bond, sureties, a charitable donation, and regular police station attendance.
Summary
Vishwajeet Kumar was arrested in connection with the seizure of 17.28 litres of illicit liquor from his motorcycle and charged under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He had been in custody since 28 February 2026 and was also implicated in two other criminal cases. The petitioner contended that he was falsely implicated, not caught on the spot, and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The Court, after considering the facts and the petitioner's willingness to furnish bail bonds and a charitable donation, granted regular bail on a bond of Rs.10,000 with two sureties, conditioned on a Rs.25,000 donation to Ramakrishna Mission and weekly police station attendance, while reserving the right to cancel bail for non‑compliance.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offence and the circumstances of his arrest
- Whether the conditions imposed by the Court are appropriate and lawful
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- regular bail
- criminal procedure
- illicit liquor
- Bihar Prohibition and Excise Act
- surety
- charitable donation condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29342 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Vishwajeet Kumar S/O Late Paspati Prasad R/O Vill.- Chhota Telpa, P.S-
Chapra Town, Dist- Saran at Chapra
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Ms. Renuka Ratanakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard the parties.
2. The petitioner seeks regular bail in
connection with Sadar Excise P.S. Case No.56 of 2026
registered for the offence under sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act.
3. It is alleged that about 17.280 liters of illicit
liquor has been recovered from the motorcycle of the petitioner.
4. The petitioner is in custody since
28.02.2026. He is accused in two more criminal cases.
5. Learned counsel for the petitioner submits
that the petitioner is innocent and has falsely been implicated in
this case. He further submits that the petitioner was not caught
on the spot and merely on suspicion he was made accused in
this case.
Patna High Court CR. MISC. No.29342 of 2026(2) dt.11-05-2026
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6. Learned counsel for the petitioner submits
that the petitioner is ready to donate Rs.25,000/- in some
charitable organization without accepting his guilt.
7. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
8. Considering the facts and circumstances of
the case and also the submission 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 concerned Court below in connection with Sadar Excise
P.S. Case No.56 of 2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, Latu Maharaj Path, Chapra and
produce the receipt of the same before the Court below at the
time of furnishing bail bonds. The bail bonds of the petitioner
shall be accepted after verifying the genuineness of the receipt
produced by him.
10. As a condition of this order, the petitioner
after being released on bail is directed to mark his attendance at
Chapra Town Police Station, District-Saran at Chapra on every
Patna High Court CR. MISC. No.29342 of 2026(2) dt.11-05-2026
3/3
Sunday of the 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
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
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