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Patna High Court

Shiva KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner with specified monetary and attendance conditions.

Summary

The petitioner, Shiva Kumar, was arrested in connection with the recovery of 64 litres of illicit liquor from his residence and charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with the Ramakrishna Mission Ashrama, and attend the police station on specified Sundays, with non‑compliance leading to cancellation. The order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds will be accepted upon verification of the charitable donation receipt.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the conditions imposed by the Court are appropriate for the grant of bail.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41455 of 2026
                  Arising Out of PS. Case No.-287 Year-2026 Thana- EXCISE MASAUDHI District- Patna
                 ======================================================
                 Shiva Kumar S/o Baleshwar Manjhi R/o Kosut Shibuchak, P.S.- Dhanrua,
                 Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Sunil Kumar Singh, Advocate
                 For the State          :        Mr.Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Excise

                   Masaudhi P.S. Case No. 287 of 2026 registered for the offence

                   punishable under Sections Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                 3. As per the prosecution case, there is recovery of 64

                   litres of illicit liquor in front of the house of the petitioner.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   25.04.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.41455 of 2026(2) dt.25-06-2026
                                            2/3




          organization without accepting his guilt.

                        6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise-II, Patna/concerned Court below in

          connection with Excise Masaudhi P.S. Case No. 287 of 2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashrama, Ramakrishna Avenue,Nala

          Road Patna and produce the receipt of the same before the

          Court below. The bail bonds of the petitioner shall be accepted

          after verifying the genuineness of the receipt produced by the

          petitioner.

                        9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Dhanrua Police Station, District- Patna on first and third Sunday

          of each month. Any default in appearance at the police station

          will result in cancellation of bail bonds of the petitioner.
           Patna High Court CR. MISC. No.41455 of 2026(2) dt.25-06-2026
                                                       3/3




                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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