Patna High Court
Bharat SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, granting bail subject to the stipulated conditions.
Summary
Petitioner Bharat Singh, accused in an excise case for possession of 719 litres of illicit liquor under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018, applied for bail claiming innocence and a clean criminal record. He offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The Patna High Court, after hearing counsel, allowed the bail application, directing that the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. Additional conditions included depositing Rs. 25,000 with the Ramakrishna Mission and producing a receipt, as well as verification of his antecedents before final acceptance of the bail bond. The order emphasizes verification of the donation receipt and the petitioner’s criminal history before bail is finalized.
Issues considered
- Whether bail should be granted to the petitioner in the excise case under Section 438(2) of the CrPC and Section 482 of the BNSS.
- Whether the conditions imposed—donation of Rs.25,000 and verification of antecedents—are lawful and appropriate.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- Criminal Procedure Code
- Section 438
- Section 482
- donation condition
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37787 of 2026
Arising Out of PS. Case No.-758 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Bharat Singh S/o Vijay Singh R/o - Narayanghadh, PS - Narayanghadh,
District- Ambala, State - Haryana
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indrajeet Bhushan
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Excise P.S. Case No. 758 of 2025 registered for
the offence under Section 30(a) and 32 of the Bihar Prohibition
and Excise Amendment Act, 2018.
3. As per the prosecution case, the recovery is of
719 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
organization without accepting his guilt. He further submits that
the petitioner has no criminal antecedent.
6. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.37787 of 2026(2) dt.16-06-2026
2/2
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 Excise P.S. Case No. 758 of 2025,
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 Ashram, Latu Maharaj Path, Chhapra 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 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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