Patna High Court
Saurabh Kumar @ Subhas Kumar @ SubhasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petition for anticipatory bail, subject to specified conditions.
Summary
The petitioner, Saurabh Kumar, sought anticipatory bail in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 31.335 litres of illicit liquor. He asserted a clean antecedent and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the relief. The High Court, after considering the facts and the petitioner's submission, granted anticipatory bail subject to conditions including a Rs. 25,000 donation, attendance at the police station on specified days, and verification of the petitioner's clean antecedent before bail bonds are accepted. The order emphasized that its observations were prima facie and would not affect the merits of the trial. The bail bonds were to be furnished with two sureties of Rs. 10,000 each under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether imposing a monetary donation and periodic police attendance as conditions for anticipatory bail is permissible.
- Whether the requirement of a clean antecedent is a valid condition for granting anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- conditional bail
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31537 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- KARPURIGRAM District- Samastipur
======================================================
Saurabh Kumar @ Subhas Kumar @ Subhas son of Lalbabu Singh Resident
of Village- Baaghi, Police Station- Karpurigram, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Karpurigram P.S. Case No. 28 of 2025 registered for offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. There is recovery of 31.335 liters of illicit liquor.
The petitioner claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner is ready to donate Rs.
25,000/- (Rupees Twenty Five Thousand Only) in some
charitable organization without accepting his guilt.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
Patna High Court CR. MISC. No.31537 of 2026(2) dt.14-05-2026
2/3
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below in connection with Karpurigram P.S. Case No. 28
of 2025 subject to the conditions as laid down under Section
482(2) of the BNSS and with further condition(s) that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) 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.
(ii). The petitioner is directed to
mark his attendance in Karpurigram Police
Station on every 1st and 3rd Sunday of each
month. Failure to do so, will result in
cancellation of bail bond of the petitioner.
(iii). At the time of accepting the
Patna High Court CR. MISC. No.31537 of 2026(2) dt.14-05-2026
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bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U
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