Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner with specified monetary and attendance conditions.
Summary
Rahul Kumar was arrested in connection with the recovery of 96 litres of illicit liquor and charged under Sections 30(a), 32(i)&(ii) and 41(i)&(ii) of the Bihar Prohibition and Excise (Amendment) Act. He applied for bail, claiming innocence 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 submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with Ramakrishna Math and produce the receipt, and attend the police station on the first and third Sundays of each month. The Court clarified that its order is limited to the bail application and does not prejudice the trial. The bail bonds will be cancelled upon default.
Issues considered
- Whether bail should be granted in a case involving offences under the Bihar Prohibition and Excise (Amendment) Act.
- Whether the conditions imposed, including a charitable donation, are permissible and reasonable for bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32(i), 32(ii), 41(i), 41(ii)
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42422 of 2026
Arising Out of PS. Case No.-248 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Rahul Kumar S/o Rajesh Sah @ Rajesh Jaiswal @ Rajesh Jaiwal R/o Village
- Ramgarh, Ward No. 1, P.S - Chainpur, District - Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate
For the State : Mr.Braj Kishore Pd.. 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 bail in connection with Bhabua
Excise P.S. Case No. 248 of 2026 registered for the offence
punishable under Sections 30(a), 32(i) & (ii) and 41(i) & (ii) of
the Bihar Prohibition and Excise (Amendment) Act.
3. As per the prosecution case, there is recovery of 96
litres of illicit liquor.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
20.05.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.42422 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 for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, 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 Exclusive
Special Judge Excise-II, Kaimur at Bhabua/concerned Court
below in connection with Bhabua Excise P.S. Case No. 248 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Dist. Gayaji, Bihar 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.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Chainpur Police Station, District- Kaimur at Bhabua on first and
third Sunday of each month. Any default in appearance at the
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police station will result in cancellation of bail bonds of the
petitioner.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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