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Patna High Court

Kanhaiya Patel @ Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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