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Patna High Court

Santosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

Santosh Kumar was arrested in connection with the recovery of 198 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, asserting his innocence, a clean antecedent, and willingness to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. 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. 25,000 with the Ramakrishna Mission, verify his antecedent, and report to the police station every Sunday, with non‑compliance leading to cancellation. The order is limited to the bail application and does not prejudice the trial. The petitioner was released on bail subject to these conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the conditions imposed (bond, sureties, charitable donation, antecedent verification, and regular police attendance) are appropriate and lawful.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal procedure
  • surety
  • charitable donation
  • police attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29363 of 2026
                     Arising Out of PS. Case No.-82 Year-2026 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Santosh Kumar S/O Late Ramashray Mahto Resident of Village- Basantpatti,
                 P.S- Purnahiya, District- Shivhar, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Dwij Raj, Advocate
                 For the State           :        Mr.Shantanu Kumar, APP
                 ======================================================
                 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 petitioner seeks bail in connection with

                   Majorganj P.S. Case No. 82 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

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

                   198 litres of illicit liquor.

                                 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

                   02.03.2026 and claims clean antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.29363 of 2026(2) dt.11-05-2026
                                            2/3




          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

          Excise Court No. 1, Sitamarhi/concerned Court below in

          connection with Majorganj P.S. Case No. 82 of 2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- 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

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.
           Patna High Court CR. MISC. No.29363 of 2026(2) dt.11-05-2026
                                                       3/3




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

                     being released on bail is directed to mark his attendance at

                     Purnahiya Police Station, District- Sheohar, Bihar on every

                     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 express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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