Patna High Court
Robin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
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
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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 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
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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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