Patna High Court
Keshav MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 35
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
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
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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/-
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