Patna High Court
Ujjawal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to specified conditions.
Summary
Ujjawal Kumar was arrested in connection with the recovery of 144 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 read with Section 317(5) of the B.N.S, 2023. He filed an application for regular bail, claiming innocence, a clean antecedent and offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with additional conditions including a Rs.25,000 deposit to a charitable trust, monthly police‑station attendance, and verification of antecedents. 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 to affect the trial. The petitioner was consequently released on bail.
Issues considered
- Whether regular bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 read with Section 317(5) of the B.N.S, 2023, considering the seriousness of the alleged illicit liquor case and the petitioner’s claim of innocence and clean antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S., 2023 — s. 317(5)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illicit liquor
- prohibition law
- criminal procedure
- Section 30
- Section 317
- Section 482
- Bihar
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40538 of 2026
Arising Out of PS. Case No.-131 Year-2026 Thana- BARGAINIA District- Sitamarhi
======================================================
Ujjawal Kumar S/o Lalbabu Rai @ Lalbabu Prasad Resident of Village-
Dhudhua, Ward No. 3, P.S.- Ghorasahan, District- East Champaran at
Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Adv.
For the Opposite Party/s : Mr. Md. Nazir Ansari, 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 Bairgania P.S. Case No. 131 of
2026, registered for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act, 2022 read with Section
317(5) of the B.N.S, 2023.
3. As per the prosecution case, there is recovery of
144 litres of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has committed no offence. The
petitioner is in custody since 12.05.2026 and claims clean
antecedent. The petitioner undertakes to donate a sum of Rs.
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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. Considering the aforesaid facts and circumstances,
this application for regular 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 Bairgania P.S. Case
No. 131 of 2026, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. with further 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
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 Ghorasahan
Police Station on first and third
Sunday of each month. In the event of
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default, the bail bonds shall be liable
to be cancelled.
(iii) At the time of
acceptance of bail bonds, the court
below shall verify the antecedents of
the petitioner. The bail bonds shall be
accepted only upon confirmation that
the petitioner has no criminal
antecedent. However, such verification
shall not be used as a ground to
unnecessarily delay acceptance of the
bail bonds.
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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