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Patna High Court

Robin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Robin Kumar was arrested in Saran district in connection with the recovery of 136.200 litres of illicit liquor, charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He filed a bail application claiming innocence, a clean antecedent and willingness to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court considered the facts, the petitioner’s clean record, and the proposed conditions. The Court granted bail on a bond of Rs.10,000 with two sureties, conditioned on the donation, verification of antecedent, and monthly police attendance. It warned that any default or discovery of other cases would lead to cancellation, and clarified that the order does not prejudice the trial merits.

Issues considered

  • Whether bail should be granted to the accused in an illicit liquor case under the Bihar Prohibition and Excise Act
  • Whether the proposed donation to a charitable organization can be imposed as a condition of bail
  • Whether the petitioner’s clean antecedent and willingness to furnish sureties justify bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • criminal procedure
  • surety
  • charitable donation condition
  • attendance condition
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42469 of 2026
                        Arising Out of PS. Case No.-124 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Robin Kumar S/o Tribhuvan Singh R/o Village - Sadha Newaji Tola, P.S -
                 Mufassil, District - Saran

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Raushan Raj, Advocate
                 For the State             :        Ms.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Sadar

                   Excise P.S. Case No. 124 of 2026 registered for the offence

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the prosecution case, there is recovery of

                   136.200 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

                   03.06.2026 and claims clean antecedent.

                                 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.42469 of 2026(2) dt.02-07-2026
                                            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 Excise Judge, Saran at Chapra/concerned Court below

          in connection with Sadar Excise P.S. Case No. 124 of 2026.

                       8. This is also subject to the condition that the

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

          Ramakrishna Mission Ashrama, Latu Maharaj Path , Opp.

          Circuit House, Chapra, 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 the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.
           Patna High Court CR. MISC. No.42469 of 2026(2) dt.02-07-2026
                                                       3/3




                                  10. As a condition of this order, the petitioner after

                     being released on bail is directed to mark his attendance at

                     Muffasil Police Station, District- Saran on the first and third

                     Sunday of each month. Any default in appearance at the police

                     station will result in cancellation of bail bonds of the petitioner.

                                  11. 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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