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Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioners subject to specified monetary and attendance conditions.

Summary

The petitioners, Arun Kumar and Rahul Kumar, were the driver and co‑driver of an e‑rickshaw from which 77.760 litres of illicit foreign liquor was seized, leading to charges under sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act. They contended that they had no knowledge of the contraband and offered to donate Rs.25,000 each to a charitable organization. The State opposed their bail application. The Patna High Court, after considering the facts and submissions, granted regular bail subject to a bond of Rs.10,000 each with two sureties, a mandatory donation of Rs.25,000 each to the Ramakrishna Mission, and a condition to appear at the police station every Sunday. The Court clarified that its order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act.
  • Whether the petitioners' claim of lack of knowledge and willingness to make a charitable donation justify bail.
  • What conditions may be imposed on bail in excise‑related offences.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • criminal procedure
  • e‑rickshaw
  • driver
  • co‑driver

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41498 of 2026
                         Arising Out of PS. Case No.-111 Year-26 Thana- Excise P.S. District- Saran
                 ======================================================
           1.     Arun Kumar, son of Ganesh Manjhi.
           2.    Rahul Kumar @ Rahul Kumar Mahto S/O Ranglal Mahto.
                        Both resident of village- Kotheya, Ward No.- 16 P.S. Jalalpur District
                 Saran at Chapra

                                                                                        ... ... Petitioners
                                                          Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Avinash Kumar Pandey, Advocate
                 For the State             :         Mr. Braj Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   learned Additional Public Prosecutor appearing on behalf of the

                   State.

                                      2.       The    petitioners       seek      regular      bail      in

                   connection with Sadar Excise P.S. Case No.111 of 2026

                   registered for the offence under sections 30(a) and 32(3) of the

                   Bihar Prohibition & Excise Act.

                                      3.       About 77.760 litres of illicit foreign liquor

                   has been recovered from an e-rickshaw. The petitioners are said

                   to be the driver and co-driver of said e-rickshaw.

                                      4.       The    petitioners      are     in    custody          since

                   19.05.2026.
Patna High Court CR. MISC. No.41498 of 2026(2) dt.25-06-2026
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                          5.      It has been submitted by learned counsel for

          the petitioners that the petitioners were the driver and co-driver

          of said e-rickshaw and they did not have any knowledge about

          the illicit liquor which have been kept in the said e-rickshaw.

                          6.      It has also been submitted that the petitioners

          are ready to donate Rs.25,000/- each in some charitable

          organization without accepting their guilt.

                          7.      Learned APP appearing for the State opposes

          the prayer for bail of the petitioners.

                          8.      Considering the facts and circumstances of

          the case and also the submissions of learned counsel for the

          petitioners, this bail application is allowed.

                          9.      Let the petitioners, above named, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned 3rd Exclusive Special Excise Judge, Saran at

          Chapra / concerned Court below, in connection with Sadar

          Excise P.S. Case No. 111 of 2026.

                          10.     This is also subject to the condition that the

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

          Ramakrishna Mission Ashrama, Latu Maharaj Path, Opp.

          Circuit House, Chapra, and produce the receipt of the same
              Patna High Court CR. MISC. No.41498 of 2026(2) dt.25-06-2026
                                                          3/3




                        before the Court below at the time of furnishing their bail bonds.

                        The bail bonds of the petitioners shall only be accepted after

                        verifying the genuineness of the receipt produced by them.

                                        11.     This is also subject to the condition that the

                        petitioners shall also mark their attendance at Jalalpur Police

                        Station, District- Saran at Chapra on every Sunday of the month.

                        Any default in appearance at the Police Station would result in

                        cancellation of bail bonds of the petitioner.

                                        12.     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 petitioners at

                        any subsequent stage of the trial and this Court has not

                        expressed any opinion on the merits of the case.



                                                                (Sandeep Kumar, J)

pawan/-

U         T


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