Patna High Court
Umesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to a bail bond, sureties, a monetary donation, and attendance conditions.
Summary
Umesh Singh was arrested in connection with the seizure of 87 litres of illicit Nepali liquor from a motorcycle, alleged to be a violation of Sections 30(a) and 30(d) of the Bihar Prohibition & Excise Act, 2016. The petitioner, who has two prior criminal records, had been in custody since 25 April 2026 and sought regular bail, offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, deposit Rs.25,000 with the Ramakrishna Mission Ashrama, and attend the Phenhara Police Station on the first and third Sundays of each month. Failure to comply with these conditions would result in cancellation of bail. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted in a case involving alleged offences under Sections 30(a) and 30(d) of the Bihar Prohibition & Excise Act, 2016.
- Whether the petitioner’s prior criminal antecedents preclude the grant of regular bail.
- Whether the conditions imposed (monetary donation, bail bond, sureties, and periodic police station attendance) are lawful and appropriate.
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 30(d)
Subjects
- bail
- regular bail
- Bihar Prohibition & Excise Act
- illicit liquor
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39753 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- PHENHARA District- East Champaran
======================================================
Umesh Singh S/O Late Triloki Singh R/O Village- Gaubandhi, as per order
sheet actual R/O Village- Gobadhi, Ward No. 9, Phenhara, P.S.- Phenhara,
Dist.- East Champarna, at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Vikram, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, 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 regular bail in connection with
Phenhara P.S. Case No. 92 of 2026 registered for the offence
under Sections 30(a) and 30(d) of the Bihar Prohibition &
Excise Act, 2016.
3. The recovery is of 87 litres of illicit Nepali liquor
from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has two criminal antecedents. He
further submits that the petitioner is in custody since 25.04.2026
without any fault.
5. Learned counsel for the petitioner also submits that
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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 of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 3,
East Champaran at Motihari/ concerned Court below, in
connection with Phenhara P.S. Case No. 92 of 2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashrama, 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.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Phenhara Police Station, District- East Champaran, Motihari on
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first and third Sunday of every month. Any default in
appearance at the Police Station will result in cancellation of
bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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