Patna High Court
Amlen Kumar Ray @ Amlen Kumar @ Amlen Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed subject to the conditions imposed by the Court.
Summary
The petitioners, Amlen Kumar Ray and Vijay Kumar Yadav, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for the alleged recovery of 306 litres of foreign liquor. They claimed innocence, had been in custody since 22 April 2026, and offered to donate Rs.25,000 each to a charitable organization while seeking regular bail. The State opposed the bail application. The High Court, after considering the submissions, allowed the bail application subject to a cash bond of Rs.10,000 each, two sureties, a donation of Rs.25,000 each to the Ramakrishna Mission, monthly attendance at the police station, and verification of a clean antecedent. The order emphasized that the observations were prima facie and would not affect the trial. Consequently, the petitioners were released on bail under the stipulated conditions.
Issues considered
- Whether regular bail can be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the conditions imposed by the Court for granting bail are lawful and appropriate.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition & Excise Act
- foreign liquor
- regular bail
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39738 of 2026
Arising Out of PS. Case No.-161 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
1. Amlen Kumar Ray @ Amlen Kumar @ Amlen Kumar Yadav S/o- Ram
Prasad Ray R/o village - Khargama, PS- Phulparas, Dist.- Madhubani.
2. Vijay Kumar Yadav @ Vijay Kumar Sipaliya S/o- Kari Sipaliya R/o village -
Khargama, PS- Phulparas, Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaishankar Kumar Yadav
For the Opposite Party/s : Mr. Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Phulparas P.S. Case No. 161 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, there is recovery of
306 liters of foreign liquor from the vehicle in question.
4. Learned counsel for the petitioners submits that
the petitioners are in custody since 22.04.2026, are quite
innocent and have falsely been implicated in the present case.
He further submits that the petitioners are ready to donate Rs.
25,000/- (Rs. Twenty Five Thousand) each in some charitable
Patna High Court CR. MISC. No.39738 of 2026(2) dt.22-06-2026
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organization without accepting their guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the submission advanced on behalf of the petitioners, this
application for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Court below where the case is pending/successor
Court in connection with Phulparas P.S. Case No. 161 of 2026
subject to condition that:-
(I). The petitioners shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) each in Ramakrishna Mission
Sevashrama, Swami Vivekananda Path, Bela,
Muzaffarpur, Bihar and produce the receipt of
the same before the Court below. The bail bonds
of the petitioners shall be accepted only after
verifying the genuineness of the receipt
produced by the petitioners.
(ii). The petitioners are directed to
mark their attendance at Phulparas Police
Station, Madhubani on every 1st and 3rd
Sunday of each month. Failure to do so, will
result in cancellation of bail bonds of the
Patna High Court CR. MISC. No.39738 of 2026(2) dt.22-06-2026
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petitioners.
(iii). At the time of accepting the
bail bonds of the petitioners, the Court
below shall verify the fact whether the
petitioners have clean antecedent or not. If it
is found that the petitioners have clean
antecedent then only their bail bonds shall
be accepted by the Court below. However, it
is made clear that the acceptance of bail
bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the
name of verification.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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