Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(1), 32(3)
- B.N.S.S. — s. 482(2)
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
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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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