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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.42422 of 2026(2) dt.29-06-2026
                                                       3/3




                     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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