Patna High Court
Sindhu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(iii)
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
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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 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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