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Patna High Court

Chandan Baitha @ Chanadan Kumar BaithaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners subject to monetary, attendance, and antecedent‑verification conditions.

Summary

The petitioners, Chandan Baitha and Virendra Rai, were arrested in connection with the recovery of 126 litres of illicit liquor under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. They claimed innocence, asserted a clean criminal record, and offered to donate Rs.25,000 each to a charitable organization without admitting guilt. The State opposed their bail application. The High Court, after considering the facts and submissions, granted bail on the condition of a Rs.10,000 bond with two sureties, a donation of Rs.25,000 each to the Ramakrishna Mission Ashram, regular attendance at the police station, and verification of their antecedents. Failure to comply with any condition would result in cancellation of bail. The order was communicated to the Superintendent of Police for compliance.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act involving illicit liquor.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • charitable donation condition
  • police attendance
  • antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42224 of 2026
                     Arising Out of PS. Case No.-280 Year-2026 Thana- Excise P.S. District- Gopalganj
                 ======================================================
           1.     Chandan Baitha @ Chanadan Kumar Baitha S/O Harishchandra Baitha R/O
                  Vill.- Baitkunth Pur Kothi, P.S.- Bishunpura, Dist.- Kushi Nagar (U.P.)
           2.     Virendra Rai @ Birendra Rai S/O Late Satyanarayan Rai R/O Vill.- Kakil
                  Patti, P.S.- Bishunpura, Dist.- Kushi Nagar (U.P.)
                                                                            ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sushil Kumar
                 For the Opposite Party/s :        Mr.Mithlesh Kumar Khare
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-06-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                  2. The petitioners seek bail in connection with

                   Gopalganj Excise Case No. 280 of 2026 registered for the

                   offence under Section 30(a) and 32 of the Bihar Prohibition and

                   Excise Act.

                                 3. The recovery is of 126 liters of illicit liquor.

                                 4. Learned counsel for the petitioners submits that

                   the petitioners are innocent and they are in custody since

                   3.4.2026.

                                 5. Learned counsel for the petitioners submits that the

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

                   charitable organization without accepting their guilt. The
Patna High Court CR. MISC. No.42224 of 2026(2) dt.29-06-2026
                                            2/3




          petitioners are having no criminal antecedent.

                        6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioners.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioners, let

          the petitioners, 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

          concerned Court below in connection with Gopalganj Excise

          Case No. 280 of 2026.

                        8. This is also subject to the condition that the

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

          Ramakrishna Mission Ashram, Luxa Road, Varanasi and

          produce the receipt of the same before the Court below. The bail

          bonds of the petitioners shall be accepted after verifying the

          genuineness of the receipt produced by the petitioners.

                       9. As a condition of this order, the petitioners after

          being released on bail, are directed to mark their attendance at

          Bisunpura Police Station on first and third Sunday of each

          month. Any default in appearance at the police station will result

          in cancellation of bail bonds of the petitioners.

                       10. As the petitioners claim to have clean antecedent,
          Patna High Court CR. MISC. No.42224 of 2026(2) dt.29-06-2026
                                                      3/3




                    the Court below, before accepting the bail bonds of the

                    petitioners, is directed to verify the antecedent of the petitioners.

                    If the petitioners are found to be involved in any other case then

                    the bail bonds of the petitioners shall not be accepted.

                                 11. Let a copy of this order be communicated to the

                    Superintendent of Police, Kushinagar District, Uttar Pradesh

                    through FAX for its compliance.



                                                                (Sandeep Kumar, J)
Vikas/-

U


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