Patna High Court
Shiva KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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