Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Arjun Kumar was arrested in connection with the seizure of 170 litres of illicit liquor, alleged to violate Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He pleaded innocence, asserted a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed bail, but the Court considered the facts, the petitioner's clean record, and his willingness to provide sureties and a charitable donation. The Court granted bail on the condition of a Rs. 10,000 bond with two sureties, a Rs. 25,000 deposit to Ramakrishna Mission, verification of antecedents, and regular attendance at the police station. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner accused under the Bihar Prohibition and Excise Act
- Whether the conditions imposed by the Court are appropriate and sufficient
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- surety
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39586 of 2026
Arising Out of PS. Case No.-2875 Year-2026 Thana- Excise P.S. District- Patna
======================================================
Arjun Kumar S/O Suresh Sah R/O Marufganj, P.S.- Malsalami, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Kumar, Advocate
For the State : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
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 Excise
Patna P.S. Case No. 2875 of 2026 registered for the offence
punishable under Sections 30(a), 41 and 56(b) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
170 litres of illicit liquor from the tempo.
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 is in custody since
07.05.2026 having 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. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
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 Exclusive
Special Court of Excise-III, Patna, District-Patna/concerned
Court below in connection with Excise Patna P.S. Case No.
2875 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashrama, Ramakrishna Avenue, Nala
Road Patna 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
the petitioner is found to be involved in any other case then the
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bail bonds of the petitioner shall not be accepted.
10. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Malsalami Police Station, District- Patna 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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