Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.