Patna High Court
Tribhuwan Kumar @ Trivuwan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The Patna High Court considered an application for regular bail filed by Tribhuwan Kumar, who was arrested for alleged possession of about 35 litres of illicit liquor under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioner asserted his innocence, clean antecedents and offered to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after weighing the custody period and the nature of the offence, allowed the bail application, directing release on a bail bond of Rs 10,000 with two sureties and imposing conditions of the donation, regular attendance at the police station, and verification of antecedents. The Court noted that its observations were prima facie and would not affect the trial. Consequently, bail was granted subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act
- Whether the Court may impose conditions such as a charitable donation, attendance at the police station, and antecedent verification while granting bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- regular bail
- criminal procedure
- Bihar Prohibition and Excise Act
- illicit liquor
- conditions of bail
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43207 of 2026
Arising Out of PS. Case No.-294 Year-2026 Thana- Excise P.S. District- Gopalganj
======================================================
Tribhuwan Kumar @ Trivuwan Kumar S/O Ramadhar Yadav R/O Village-
Bhagwanpur, Ward no. 2, P.s.- Nautan, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
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 present application has been filed seeking
regular bail in connection with Gopalganj Excise P.S. Case No.
294 of 2026, registered for offences punishable under Sections
30(a) and 32 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, approx 35 liters of
illicit liquor have been recovered from the possession of the
petitioner. The petitioner is in custody since 06.04.2026 and
claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
Patna High Court CR. MISC. No.43207 of 2026(2) dt.02-07-2026
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25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Gopalganj Excise
P.S. Case No. 294 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Nautan Police Station on every 1 st
and 3rd Sunday of each month. In the event of
Patna High Court CR. MISC. No.43207 of 2026(2) dt.02-07-2026
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default, the bail bonds shall be liable to be
cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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