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Patna High Court

Sindhu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond, sureties, and a charitable deposit condition.

Summary

The petitioner, Sindhu Kumar, was arrested in connection with the recovery of 1,125 litres of illicit liquor and charged under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He claimed innocence, asserted a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without pleading guilty. The State opposed the bail application. The Patna High Court, after considering the facts and the petitioner's submissions, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties and depositing Rs.25,000 with the Ramakrishna Mission Ashrama, subject to verification of the receipt and a check of his antecedents. The court clarified that its order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner charged under the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged illicit liquor possession.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • surety
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41464 of 2026
                     Arising Out of PS. Case No.-298 Year-2025 Thana- Excise P.S. District- Madhepura
                 ======================================================
                 Sindhu Kumar S/O- Naresh Yadav Resident of Village- Dinapatti, Ward No.
                 02, P.S.- Bharrahi, District- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pawan Kumar, Advocate
                 For the State            :        Mr.Abhay 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

                   Madhepura Excise P.S. Case No. 298 of 2025 registered for the

                   offence punishable under Sections 30(a) and 32(iii) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

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

                   1125 litres of illicit liquor from the truck.

                                 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

                   07.12.2025 and claims clean antecedent.

                                 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.41464 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 DASJ-VII-

          cum-Special Judge, Excise-II, Madhepura/ concerned Court

          below in connection with Madhepura Excise P.S. Case No. 298

          of 2025.

                       8. This is also subject to the condition that the

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

          Ramakrishna Mission Ashrama, P.O. & Dt. Katihar, Bihar 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 the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.
           Patna High Court CR. MISC. No.41464 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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