Patna High Court
Chandan Baitha @ Chanadan Kumar BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 32
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
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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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