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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

Anil Kumar was arrested in connection with the recovery of 108 litres of illicit liquor and charged under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act, 2018. He applied for regular bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court examined the nature of the offence, the petitioner’s custody since 18 May 2026, and the conditions permissible under Section 482(2) of the B.N.S.S. It allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties and imposing conditions of a Rs. 25,000 donation and monthly police station attendance. The order is limited to the bail matter and does not prejudice the trial on the merits.

Issues considered

  • Whether regular bail can be granted to a person accused under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the conditions imposed, including a monetary donation and periodic police station attendance, are permissible under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • bail
  • excise offence
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40699 of 2026
                 Arising Out of PS. Case No.-102 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
                 ======================================================
                 Anil Kumar S/O Munna Lal Sah Resident of Village- Singrahi, Ward No. 10,
                 P.S. - Laukahi, District Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dewanand Tiwari, Adv.
                 For the Opposite Party/s :        Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Excise Jhanjharpur P.S. Case No. 102 of 2026, registered for the

                   offences punishable under Sections 30(a), 32(1) & 32(3) of the

                   Bihar Prohibition and Excise Act, 2018.

                                3. As per the prosecution case, there is a recovery of

                   108 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 18.05.2026. 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.
Patna High Court CR. MISC. No.40699 of 2026(2) dt.24-06-2026
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                       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 Excise Jhanjharpur

          P.S. Case No. 102 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 Laukahi Police
                                       Station on 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
            Patna High Court CR. MISC. No.40699 of 2026(2) dt.24-06-2026
                                                        3/3




                      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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