Patna High Court
Bambu Singh @ Baban Kumar @ Bambu Kumar @ Babban KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 30(c)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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