Created by Fuzzy Cloud

Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to specified conditions.

Summary

The petitioners, Amit Kumar and Mithilesh Kumar, were arrested for allegedly transporting 310.725 litres of illicit liquor in violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016. They had been in custody since 23 February 2026 and claimed clean antecedents. Seeking regular bail, they offered to donate Rs. 25,000 each to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts and the petitioners' submissions, allowed the bail application, directing the petitioners to furnish bail bonds of Rs. 10,000 each with two sureties and to deposit the promised charitable sum, attend their respective police stations every Sunday, and undergo antecedent verification. The bail was granted subject to these conditions.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the conditions imposed by the Court, including a charitable donation and regular police station attendance, are lawful and appropriate.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29446 of 2026
                    Arising Out of PS. Case No.-44 Year-2026 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
           1.     Amit Kumar S/O Devendra Prasad R/O Sakin Hira Pakad, P.s.- Yadopur,
                  Dist.- Gopalganj.
           2.    Mithilesh Kumar S/O Taichun Nat R/O Sakin- Gopalganj, P.s.- Gopalganj,
                 Dist.- Gopalganj.

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepankar Raj, Adv.
                 For the Opposite Party/s :       Mr. Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Phulwariya P.S. Case No. 44 of

                   2026, registered for the offences punishable under Section 30(a)

                   of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, the petitioners are

                   alleged to have been transporting 310.725 litres of illicit liquor

                   in a Maruti Car. The petitioners are in custody since 23.02.2026

                   and claims clean antecedents.

                                4. Learned counsel for the petitioners submits that the

                   petitioners undertakes to donate a sum of Rs. 25,000/- (Rupees
Patna High Court CR. MISC. No.29446 of 2026(2) dt.11-05-2026
                                            2/3




          Twenty-Five Thousand Only) each to a charitable organization,

          without prejudice to his defence and without admitting guilt.

                       5. Learned A.P.P. for the State 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 petitioners are directed to be

          released on bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand Only) each 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

          Phulwariya P.S. Case No. 44 of 2026, subject to the following

          conditions:-

                                       (i) The petitioners shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand Only)
                          each with Latu Maharaj Path, Opp. Circuit House,
                          Chapra, 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 no. 1 shall mark his
                          attendance       at     Yadopur      Police   Station   and
                          petitioner no. 2 shall mark his attendance at
                          Gopalganj Police Station on every Sunday of each
            Patna High Court CR. MISC. No.29446 of 2026(2) dt.11-05-2026
                                                        3/3




                                      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 petitioners. The bail bonds shall be accepted
                                      only upon confirmation that the petitioners have no
                                      criminal antecedents. However, such verification
                                      shall not be used as a ground to unnecessarily
                                      delay acceptance of the bail bonds.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.