Patna High Court
Ramishwar Kumar @ Ramishwar Yadav @ Rameshwar Yadav @ Rameshwar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 482
- Bihar Prohibition and Excise (Amendment) Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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