Patna High Court
Sohan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sohan Kumar Yadav, was arrested in connection with the recovery of 42.5 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2016. 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. 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 deposit the charitable sum with Ramakrishna Mission Ashrama, subject to verification. Additional conditions included the petitioner’s attendance at Manjhi Police Station every Sunday, with default leading to cancellation of bail. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under the Bihar Prohibition and Excise (Amendment) Act, 2016.
- Whether the conditions imposed, including a charitable donation and periodic police station attendance, are permissible under law.
- Application of Section 482(2) of the Code of Criminal Procedure (or B.N.S.S.) in granting bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2016 — s. 30(a), 32(3)
- Criminal Procedure Code — s. 482(2)
Subjects
- regular bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- bail conditions
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41272 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Sohan Kumar Yadav Son of Shri Bhagwan Yadav Resident Of Village -
Ghorahat, Ward No 14, Ps -Manjhi, District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwajeet Singh, Adv.
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, 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
Sadar Excise P.S. Case No. 106 of 2026, registered for the
offences punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise (Amendment) Act, 2016.
3. As per the prosecution case, there is a recovery of
42.500 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. 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.41272 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 Sadar Excise P.S.
Case No. 106 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 Ashrama, Latu
Maharaj Path , Opp. Circuit House,
Chapra, Bihar 841301 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 Manjhi 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.41272 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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