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Patna High Court

Lakshmi Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                                                    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/-

U      T


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