Patna High Court
Ebrar Hashmi @ Ibrar HashmiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
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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