Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition & Excise Act — s. 30(a), 32(3)
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
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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/-
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