Patna High Court
Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.