Patna High Court
Jaydeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The bail application was allowed, granting the petitioner release on bail with specified conditions.
Summary
The petitioner, Jaydeep Kumar, was arrested in connection with a case involving the seizure of 396 litres of illicit liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. After considering the custody period, the nature of the offence, and the submissions, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit Rs. 25,000 with Ramakrishna Math, subject to verification. Additional conditions required the petitioner to attend the police station every Sunday of each month, with default leading to cancellation of bail. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving alleged possession of illicit liquor.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- conditions of bail
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43221 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- BHAPTIAHI District- Supaul
======================================================
Jaydeep Kumar Son of Shivjee Ram Resident of Village- Kamaldaha, Ward
No. 18, P.S.- Kishanpur, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
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 Bhaptiyahi P.S. Case No. 99 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 396 liters of illicit
liquor have been recovered from the vehicle in question. The
petitioner has been named by the co-accused. The petitioner is
in custody since 03.05.2026.
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.
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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 Bhaptiyahi P.S.
Case No. 99 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 Math, Bhatta Bazar, Purnea,
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 Kishanpur Police Station on every
Sunday of each month. In the event of default, the
Patna High Court CR. MISC. No.43221 of 2026(2) dt.02-07-2026
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bail bonds shall be liable to be cancelled.
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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