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Patna High Court

Sohan Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                        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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