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Patna High Court

Birendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

Birendra Kumar, the owner of a vehicle from which 233 litres of illicit foreign liquor was seized, was charged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016. He had been in custody since 3 April 2026 and possessed one prior criminal antecedent. The petitioner applied for regular bail, offering to donate Rs.25,000 to a charitable organization, while the State opposed the bail. The Patna High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit the charitable amount, and attend Dumka Police Station on the first Sunday of each month. Non‑compliance with these conditions would result in cancellation of the bail.

Issues considered

  • Whether bail should be granted to a person charged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016 despite a prior criminal antecedent
  • Whether the conditions imposed (bond, charitable donation, periodic police attendance) are lawful and appropriate

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure
  • conditions of bail
  • charitable donation
  • prior criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41519 of 2026
                     Arising Out of PS. Case No.-35 Year-2026 Thana- SANHAULA District- Bhagalpur
                 ======================================================
                 Birendra Kumar Son of Deva Mandal Resident of Village- Sadar Rakhwari
                 Baghmocha, Dumka, P.S.- Dumka, District- Dumka (Jharkhand)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vikram Singh, Advocate
                 For the Opposite Party/s :       Mr.Tarun Prasad Mandal, 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 regular bail in a case registered

                   for the offence under section 30(a) of the Bihar Prohibition &

                   Excise (Amendment) Act, 2016.

                                3. The recovery is of 233 litres of illicit foreign liquor

                   from a vehicle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is merely the owner of the vehicle from which the

                   liquor was seized and has one criminal antecedent. He further

                   submits that the petitioner is in custody since 03.04.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.41519 of 2026(2) dt.25-06-2026
                                            2/3




          organization without accepting his guilt.

                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Judge-II,

          Bhagalpur/ concerned Court below, in connection with Sanhaula

          P.S. Case No. 35 of 2026.

                       9. This is also subject to the condition that the

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

          Ramakrishna Mission Vidyapit, Ramkrishna Nagar, P.O.-

          Vidyapith, Dist- Deoghar, Jharkhand 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.

                       10. As a condition of this order, the petitioner after

          being released on bail, is directed to mark his attendance at

          Dumka Police Station, District- Dumka, State- Jharkhand on
              Patna High Court CR. MISC. No.41519 of 2026(2) dt.25-06-2026
                                                          3/3




                        first Sunday of the month. Any default in appearance at the

                        Police Station will result in cancellation of bail bonds of the

                        petitioner.

                                      11. Let a copy of this order be communicated through

                        FAX or e-mail to the Superintendent of Police, Dumka,

                        Jharkhand for its compliance.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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