Patna High Court
Kanhaiya Patel @ Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified by the Court.
Summary
The petitioner, Kanhaiya Patel, sought anticipatory bail fearing arrest in a case (Sheohar Excise P.S. Case No. 104 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act after 11.700 litres of illicit liquor were recovered from his premises. He claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts and the petitioner's submission, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties, a mandatory donation of Rs. 25,000 to the Ramakrishna Mission, and regular attendance at the Sheohar Police Station on specified Sundays. The order emphasized that its observations were prima facie and not a determination on the merits of the underlying offence. Consequently, the petitioner was released on anticipatory bail with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged recovery of illicit liquor and alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including a monetary donation and periodic police attendance, are appropriate and lawful under the provisions governing anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482(2)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38186 of 2026
Arising Out of PS. Case No.-104 Year-2026 Thana- Excise P.S. District- Sheohar
======================================================
Kanhaiya Patel @ Kanhaiya Kumar S/o Nandeshwar Patel R/o Village-
Sheohar, Ward No. 14, P.S- Sheohar, Dist- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Sheohar Excise P.S. Case No. 104 of 2026 registered for
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. There is recovery of 11.700 liters of illicit liquor
from the campus of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is ready to donate Rs.
25,000/- (Rupees Twenty Five Thousand Only) in some
charitable organization without accepting his guilt. It is further
submitted that there is no recovery from the conscious
Patna High Court CR. MISC. No.38186 of 2026(2) dt.16-06-2026
2/3
possession of the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
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 Prohibition P.S. Sheohar Case
No. 104 of 2026 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 at Sheohar Police
Patna High Court CR. MISC. No.38186 of 2026(2) dt.16-06-2026
3/3
Station on every 1st and 3rd Sunday of each
month. Failure to do so, will result in
cancellation of bail bond of the petitioner.
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 T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.