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Patna High Court

Ramishwar Kumar @ Ramishwar Yadav @ Rameshwar Yadav @ Rameshwar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail may be granted in the present case, subject to conditions including a charitable donation, verification of antecedents, and regular police‑station attendance.

Summary

The petitioner, Ramishwar Kumar, sought anticipatory bail after being implicated in Barachatti Station Case No. 145 of 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, involving the recovery of 17.03 litres of illicit liquor from his under‑construction house. He asserted his innocence, claimed a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The High Court allowed the bail application, directing that the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS, including the charitable donation, verification of antecedents, and regular attendance at the police station. The order expressly limited its effect to the bail application and did not prejudice the merits of the trial. Consequently, the petitioner was granted anticipatory bail with stipulated conditions.

Issues considered

  • What is the appropriateness of granting anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016?
  • Can the court impose conditions such as a charitable donation and verification of antecedents while granting anticipatory bail?
  • Does the petitioner’s claim of a clean antecedent affect the grant of bail?

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • bail conditions
  • clean antecedent
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38625 of 2026
                      Arising Out of PS. Case No.-145 Year-2026 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Ramishwar Kumar @ Ramishwar Yadav @ Rameshwar Yadav @ Rameshwar
                 Kumar S/O Sarju Yadav R/O Vill.- Baradih, P.S.- Barachatti, Dist.- Gaya Ji.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Abhay Kumar Singh, Advocate
                 For the State           :        Mr.Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Barachatti Station Case No. 145 of 2026 registered for the

                   offence under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2016.

                                 3. As per the prosecution case, there is recovery of

                   17.03 liters of illicit liquor from the under-construction house of

                   the petitioner.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner claims clean antecedent.

                                   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.38625 of 2026(2) dt.17-06-2026
                                            2/3




          organization without accepting his guilt.

                          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 learned Exclusive

          Special Excise, Court No. 5, Gaya/ concerned Court below in

          connection with Barachatti Station Case No. 145 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 Math, Village Jharha (near Matua Pahar), P.O.

          Gurua, Dist. Gayaji, 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 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
           Patna High Court CR. MISC. No.38625 of 2026(2) dt.17-06-2026
                                                       3/3




                     the petitioner is found to be involved in any other case then the

                     bail bonds of the petitioner shall not be accepted.

                                   10. As a condition of this order, the petitioner, after

                     being released on anticipatory bail, is directed to mark his

                     attendance at Barachatti Police Station, District Gaya Ji on first

                     and third Sunday of each month. Any default in appearance at

                     the police station will result in cancellation of bail bonds of the

                     petitioner.

                                   11. 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 express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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