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Patna High Court

Keshav MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to monetary and attendance conditions.

Summary

The petitioner, Keshav Mishra, was arrested in connection with the seizure of 1,096.38 litres of illicit liquor and a country-made pistol from a co-accused's house, and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 together with Sections 25(1‑b)a and 35 of the Arms Act. He contended that his name was implicated solely on the basis of a local chowkidar’s information and that he had committed no offence, having been in custody since 21‑04‑2026. The petitioner offered to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed bail. After considering the nature of the offences, the period of custody, and the petitioner’s undertaking, the Court allowed the bail application, directing release on a bond of Rs 10,000 with two sureties, subject to depositing Rs 25,000 with the Ramakrishna Mission and attending the police station every Sunday.

Issues considered

  • What considerations govern the grant of regular bail in cases involving offences under the Bihar Prohibition and Excise Act and the Arms Act?
  • Whether the petitioner’s claim of innocence and the length of custody justify bail despite the seriousness of the alleged offences.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • arms act
  • illicit liquor
  • illegal firearm
  • criminal procedure
  • regular bail
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 40525 of 2026
                  Arising Out of PS. Case No.-1 Year-2026 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
                 Keshav Mishra S/O Shankar Mishra R/o Village-Ghanshyampur, P.S-
                 Ghanshyampur, District-Darbhanga

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kanchan Jha, Adv.
                 For the Opposite Party/s :      Mr. Anuj Kumar Shrivastava, 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. The present application has been filed seeking

                   regular bail in connection with Ghanshyampur P.S. Case No. 01

                   of 2026, registered for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act, 2022 read with

                   Sections 25(1-b)a & 35 of the Arms Act.

                                3. As per the prosecution case, the recovery of

                   1096.38 litres of illicit liquor and one country-made pistol have

                   been made from the house of co-accused.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is quite innocent and has committed no offence. The

                   name of the petitioner has figured in this case on the basis of

                   local chowkidar. The petitioner is in custody since 21.04.2026.
Patna High Court CR. MISC. No. 40525 of 2026(2) dt.23-06-2026
                                            2/3




          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.

                       5. Learned A.P.P. for the State opposed the prayer for

          bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody and the submissions advanced on

          behalf of the parties, the application for bail is allowed.

                       7. 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 Ghanshyampur P.S.

          Case No. 01 of 2026, subject to the following conditions:-

                                                     (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
                                           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
                                           Ghanshyampur Police Station on
            Patna High Court CR. MISC. No. 40525 of 2026(2) dt.23-06-2026
                                                        3/3




                                                   every Sunday of each month. In the
                                                   event of default, the bail bonds shall
                                                   be liable to be cancelled.
                                   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)
sadique/-

U      T


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