Patna High Court
Ashish Kumar Rai @ Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Ashish Kumar Rai, was arrested in connection with the seizure of 51 litres of illicit Nepali liquor from his motorcycle and charged under sections 30(a) and 32 of the Bihar Prohibition & Excise (Amendment) Act, 2016. He applied for regular bail, claiming innocence, a clean criminal record, and offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The 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, verify his clean antecedent, deposit Rs.25,000 with Ramakrishna Math, and attend the police station on the first and third Sundays of each month. Failure to comply would result in cancellation of bail. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted to a person accused under sections 30(a) and 32 of the Bihar Prohibition & Excise (Amendment) Act, 2016.
- Whether the conditions imposed—bond, verification of antecedent, charitable donation, and periodic police attendance—are lawful and appropriate.
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act, 2016 — s. 30(a), 32
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- criminal procedure
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42282 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- FULKAHA District- Araria
======================================================
Ashish Kumar Rai @ Ashish Kumar S/o Lakshmeshwar Ray R/o Village -
Nathpur Ward No.08, P.S. - Narpatganj, Dist- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 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 sections 30(a) and 32 of the Bihar
Prohibition & Excise (Amendment) Act, 2016.
3. Out of the total recovery of 207 litres of illicit
Nepali liquor, 51 litres were recovered from the motorcycle of
the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has no criminal antecedent. He further
submits that the petitioner is in custody since 25.04.2026
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.42282 of 2026(2) dt.29-06-2026
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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 Judge, Excise-II,
Araria/ concerned Court below, in connection with Fulkaha P.S.
Case No. 85 of 2026.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea and produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
Patna High Court CR. MISC. No.42282 of 2026(2) dt.29-06-2026
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of the receipt produced by the petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Narpatganj Police Station, District- Araria on first and third
Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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