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Patna High Court

Bambu Singh @ Baban Kumar @ Bambu Kumar @ Babban KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Bambu Singh, sought protection from arrest in a case (Saur Bazar PS Case No. 60 of 2026) involving alleged possession of 50 litres of illicit liquor under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2022. He claimed innocence, asserted a clean criminal record, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The High Court, after hearing counsel, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, deposit the charitable amount with Ramakrishna Mission, and attend the police station on specified Sundays. The order also required verification of the petitioner’s antecedent before accepting the bail bonds and stipulated cancellation of bail for non‑appearance. The application for anticipatory bail was therefore allowed subject to these conditions.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act, 2022.
  • Whether the court may impose conditions such as a charitable donation and attendance at the police station as part of anticipatory bail.
  • Whether verification of the petitioner’s criminal antecedent is required before accepting bail bonds.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail conditions
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37249 of 2026
                     Arising Out of PS. Case No.-60 Year-2026 Thana- SAUR BAZAR District- Saharsa
                 ======================================================
                 Bambu Singh @ Baban Kumar @ Bambu Kumar @ Babban Kumar Son of
                 Ramvallabh Singh Resident of village- Sileth, Ward no. 8, Ps- Saur Bazar,
                 Dist- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Mishra
                 For the Opposite Party/s :       Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                          Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Saur Bazar P.S. Case No. 60 of 2026 registered

                   for the offence under Section 30(a) and 30(c) of the Bihar

                   Prohibition and Excise Act, 2022.

                                   3. As per the prosecution case, the recovery is of

                   50 liters of illicit liquor.

                                   4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case.

                                     5. Learned counsel for the petitioner submits that

                   the petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.37249 of 2026(2) dt.15-06-2026
                                            2/3




          organization without accepting his guilt. He further submits that

          the petitioner has no criminal antecedent.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioner, above named, in the event of

          his arrest or surrender before the concerned Court below within

          four weeks from today, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the concerned Court

          below in connection with Saur Bazar P.S. Case No. 60 of 2026,

          subject to the conditions laid down in Section 438(2) of the

          Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                       8. This is also subject to the condition that the

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

          Ramakrishna Mission Ashrama, P.O. & Dt. Katihar, 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.

                       9. As a condition of this order, the petitioner, after

          being released on anticipatory bail, is directed to mark his

          attendance at Saur Bazar Police Station on first and third

          Sunday of each month. Any default in appearance at the police
          Patna High Court CR. MISC. No.37249 of 2026(2) dt.15-06-2026
                                                      3/3




                    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 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.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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