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Patna High Court

Ebrar Hashmi @ Ibrar HashmiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Ebrar Hashmi, was arrested in connection with the seizure of 138 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. He had been in custody since 14 February 2026 and claimed innocence, a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization. The State opposed his bail application. 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 Ramakrishna Math, attend the police station every Sunday, and have his antecedent verified. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
  • Whether the conditions imposed by the Court are appropriate and sufficient for the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30998 of 2026
                      Arising Out of PS. Case No.-65 Year-2026 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Ebrar Hashmi @ Ibrar Hashmi S/o Shahabuddin Miya @ Shahabuddin
                 Hashmi R/o Village - Sawath, P.O - Durgawati, P.S - Durgawati, District -
                 Kaimur at Bhabua

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar Singh
                 For the Opposite Party/s :       Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Dehri

                   Nagar P.S. Case No. 65 of 2026 registered for the offence under

                   Section 30(a) of the Bihar Prohibition and Excise Amendment

                   Act.

                                 3. The recovery is of 138 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 14.02.2026. The

                   petitioner claims to have clean antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.30998 of 2026(2) dt.08-05-2026
                                            2/3




                        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 concerned

          Court below in connection with Dehri Nagar P.S. Case No. 65 of

          2026.

                        8. This is also subject to the condition that the

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

          Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.

          Gurua, Dist. Gayaji, Bihar 824205 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 a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Durgawati Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                          10. As the petitioner claims to have clean

          antecedent, the Court below, before accepting the bail bonds of
          Patna High Court CR. MISC. No.30998 of 2026(2) dt.08-05-2026
                                                      3/3




                    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.

                                 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)
Vikas/-

U


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