Patna High Court
Lakshmi Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Lakshmi Kumar Sah was arrested in connection with the recovery of 1,980 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The High Court, after considering the submissions, allowed the bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to comply with conditions including the charitable donation and monthly attendance at the police station. The order was made subject to Section 482(2) of the B.N.S.S. and clarified that the observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the conditions imposed by the court, including a charitable donation and regular police station attendance, are permissible under law.
- Whether Section 482(2) of the B.N.S.S. applies to the bail order.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- conditions of bail
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40522 of 2026
Arising Out of PS. Case No.-133 Year-2026 Thana- RAHIKA District- Madhubani
======================================================
Lakshmi Kumar Sah S/O Kari Sah R/O Village- Jankinagar, Ward no. 13, PS-
Basopatti, Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Archna Aanand, Adv.
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. There are two cases mentioned in paragraph 3 of
the bail petition but at the very beginning, learned counsel for
the petitioner has fairly submitted that there are three cases
registered against the petitioner.
3. The present application has been filed seeking
regular bail in connection with Rahika P.S. Case No. 133 of
2026, registered for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act, 2022.
4. As per the prosecution case, the recovery of 1980
litres of illicit liquor has been made from a pick-up van. The
petitioner is in custody since 24.05.2026.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40522 of 2026(2) dt.23-06-2026
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petitioner is quite innocent and has not committed any offence.
The petitioner undertakes to donate a sum of Rs. 25,000/-
(Rupees Twenty-Five Thousand Only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
6. Learned A.P.P. for the State opposed the prayer for
bail.
7. Having considered the facts and circumstances of
the case and the submissions advanced on behalf of the parties,
the application for bail is allowed.
8. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Rahika P.S. Case
No. 133 of 2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. and with further following
conditions that:-
(i) The petitioner shall deposit
a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) with
Ramakrishna Mission Sevashrama,
Swami Vivekananda Path, Bela,
Muzaffarpur, Bihar 842002 and shall
produce a valid receipt thereof before
Patna High Court CR. MISC. No.40522 of 2026(2) dt.23-06-2026
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the court below. The bail bonds shall
be accepted only after verification of
the genuineness of the said receipt.
(ii) The petitioner shall mark
his attendance at Basopatti Police
Station on every Sunday of each
month. In the event of default, the
bail bonds shall be liable to be
cancelled.
9. 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)
sadique/-
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