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Patna High Court

Arun Singh @ Ramesh Kumar @ Ramesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond, a charitable donation, and regular police‑station attendance.

Summary

Arun Singh (Petitioner) feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing about nine litres of illicit liquor. The prosecution’s case was based solely on a self‑incriminating statement of a co‑accused; the petitioner was not caught in the act and claimed innocence. He offered to donate Rs. 25,000 to a charitable institution without admitting guilt. The High Court, after hearing counsel, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit the Rs. 25,000 with the Ramakrishna Mission Ashram, producing a receipt. Additional conditions included weekly attendance at the police station and compliance with Section 438(2) of the CrPC and Section 482 of the BNSS. The order was made subject to verification of the donation receipt and the possibility of cancellation on default.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether imposing a condition of a charitable donation as part of bail is permissible.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38665 of 2026
                  Arising Out of PS. Case No.-81 Year-2026 Thana- Excise Thana Hajipur District- Vaishali
                 ======================================================
                 Arun Singh @ Ramesh Kumar @ Ramesh Kumar Singh S/o Raj Kumar
                 Singh R/o village - Mathura Ward no - 11 ,Sultanpur Pachkatiya,
                 Mathurapur,P.S. - Bidupur, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Arjun Prasad
                 For the Opposite Party/s :         Mr.Khurshid Anwar
                 ======================================================
                 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 his arrest in

                   connection with Hajipur Excise P.S. Case No. 81 of 2026 under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

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

                   approx 9 liters of illicit liquor.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. He further submits that the name of

                   the petitioner has come in this case only on the basis of self-

                   inculpatory statement of the co-accused and he has not been

                   caught on the spot.

                                     5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.38665 of 2026(2) dt.17-06-2026
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          the petitioner is ready to donate Rs. 25,000/- in some charitable

          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 concerned

          Court below in connection with Hajipur Excise P.S. Case No. 81

          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 Mission Ashram, Bela, Muzaffarpur 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 a condition of this order, the petitioner, after

          being released on anticipatory bail, is directed to mark his

          attendance at Bidupur Police Station on every Sunday of each
          Patna High Court CR. MISC. No.38665 of 2026(2) dt.17-06-2026
                                                      3/3




                    month. Any default in appearance at the police station will result

                    in cancellation of bail bonds of the petitioner.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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