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Patna High Court

Arjun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.39586 of 2026(2) dt.22-06-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.39586 of 2026(2) dt.22-06-2026
                                                       3/3




                     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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