Patna High Court
Arvind MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to bond, donation, and regular police‑station attendance conditions.
Summary
Arvind Mishra was arrested in connection with the seizure of 1,066.30 litres of illicit liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He had been in custody since 5 April 2026 and claimed innocence, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his bail application, while his counsel argued for release on bail. The Court, after considering the facts and submissions, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, a donation of Rs.25,000 to Ramakrishna Mission Vidyapith, and regular attendance at the police station every Sunday. The bail order is conditional on verification of the donation receipt and compliance with attendance requirements.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 involving large quantity of illicit liquor
- Whether the petitioner’s offer to donate money and his claim of innocence justify bail despite the State’s opposition
Legislation cited
Subjects
- bail
- illicit liquor
- prohibition law
- Section 30(a)
- Bihar
- criminal procedure
- surety
- charitable donation condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39565 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- Bahera District- Gaya
======================================================
Arvind Mishra S/O Nityanand Mishra Resident of Village- Khaira, P.S.
Khaira, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Behera
P.S. Case No. 61 of 2026 registered for the offence under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2022.
3. The recovery is of 1066.30 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 5.4.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
Patna High Court CR. MISC. No.39565 of 2026(2) dt.22-06-2026
2/2
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds 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 Bahera P.S. Case No. 61 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O.
Vidyapith Deoghar, Jharkhand 814 112 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 bail is directed to mark his attendance at
Khaira Police Station on every Sunday of each 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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