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Patna High Court

Saurabh Kumar @ Subhas Kumar @ SubhasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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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