Patna High Court
Niraj Kumar @ Niraj JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to the stipulated conditions.
Summary
The petitioner, Niraj Kumar, applied for anticipatory bail in a case where six litres of illicit liquor were seized from his residence under section 30(a) of the Bihar Prohibition and Excise Act. He asserted a clean antecedent and claimed he was not involved in the offence, attributing culpability to a co‑accused who was caught on the spot. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail under section 438(2) of the CrPC, subject to a bail bond of Rs.10,000 with two sureties, a donation of Rs.25,000 to a charitable institution, verification of the donation receipt and the petitioner’s clean antecedent, and mandatory attendance at the police station on specified days. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under section 438 CrPC in connection with an alleged offence under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the court, including a monetary donation, verification of clean antecedent, and periodic police‑station attendance, are permissible.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- bail conditions
- Code of Criminal Procedure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37848 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- CHACKMEHSI District- Samastipur
======================================================
Niraj Kumar @ Niraj Jha, son of Sri Ramesh Chandra Jha, resident of village-
Sormar, Ward No.12, P.S.- Chakmeshi, District- Samastipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Niraj Lochan Jha, Advocate
For the Opposite Party : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the parties.
2. The petitioner seeks anticipatory bail in
connection with Chakmeshi P.S. Case No.48 of 2026 registered
for the offence under section 30(a) of the Bihar Prohibition and
Excise Act.
3. About six liters of illicit liquor has been
recovered from the house of the petitioner, who escaped from
his house while the police party reached there.
4. The petitioner claims clean antecedent.
5. Learned counsel for the petitioner submits
that the petitioner is not involved in the crime but the co-
accused Anand Kumar Jha, who was caught on the spot is
involved in the said crime.
6. Learned counsel for the petitioner further
Patna High Court CR. MISC. No.37848 of 2026(2) dt.16-06-2026
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submits that the petitioner is ready to donate Rs.25,000/- in
some charitable organization without accepting his guilt.
7. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
8. Considering the facts and circumstances of
the case and also the submission of learned counsel for the
petitioner, let the petitioner, above named, in the event of his
arrest/surrender within six weeks from today in the Court below,
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 learned Special Judge, Excise Court No.01,
Samastipur / concerned Court below, in connection with
Chakmeshi P.S. Case No.48 of 2026, subject to the conditions as
laid down under section 438(2) of the Code of Criminal
Procedure.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur and produce the receipt of the same before
the Court below at the time of furnishing bail bonds. The bail
bonds of the petitioner shall only be accepted after verifying the
genuineness of the receipt produced by him.
Patna High Court CR. MISC. No.37848 of 2026(2) dt.16-06-2026
3/3
10. Further, at the time of accepting the bail
bonds of the petitioner, the Court below shall verify the
statement of the petitioner that he has clean antecedent. The bail
bonds of the petitioner shall only be accepted if it is found that
he has clean antecedent.
11. The petitioner shall also mark his attendance
at Chakmeshi Police Station, District- Samastipur on first and
third Sunday of the month. Any default in appearance at the
Police Station would result in cancellation of bail bonds of the
petitioner.
12. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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