Patna High Court
Tarkeshwar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted to the petitioners subject to a bail bond, sureties, a monetary deposit to a charitable institution, and periodic police station attendance.
Summary
The petitioners – four individuals – were arrested on 27 April 2026 in connection with the seizure of 45 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. They applied for bail, claiming innocence and offering to donate Rs.5,000 each to a charitable organization without admitting guilt. The State opposed the bail application. The Court, after considering the facts and submissions, granted bail on the condition that each petitioner furnish a bail bond of Rs.10,000 with two sureties of the same amount, deposit Rs.5,000 each with the Ramakrishna Mission Ashram, and present the receipt. Additional conditions required the petitioners to attend Garkha Police Station on the first and third Sundays of each month, with non‑compliance leading to cancellation of bail. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the conditions imposed by the Court are reasonable and sufficient to ensure the petitioners' appearance.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43581 of 2026
Arising Out of PS. Case No.-485 Year-2026 Thana- GARKHA District- Saran
======================================================
1. Tarkeshwar Rai S/O Tufani Rai R/O- Vill.- Mahamda Mangaltola, PS-
Garkha, Dist.- Saran, Chhapra
2. Rabindra Rai S/O- Lalji Rai R/O- Vill.- Mahamda Mangaltola, PS- Garkha,
Dist.- Saran, Chhapra
3. Rambahadur Rai S/o- Ramayan Rai R/O- Vill.- Mahamda Mangaltola, PS-
Garkha, Dist.- Saran, Chhapra
4. Birendra Manjhi S/o- Motilal Manjhi R/O- Vill.- Mahamda, PS- Garkha,
Dist.- Saran, Chhapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashwat Pratyush
For the Opposite Party/s : Mr.Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Garkha P.S. Case No. 485 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. The recovery is of 45 liters of illicit liquor.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and they are in custody since
27.04.2026.
Patna High Court CR. MISC. No.43581 of 2026(2) dt.06-07-2026
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5. Learned counsel for the petitioners submits that the
petitioners are ready to donate Rs. 5,000/- each in some
charitable organization without accepting their guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioners.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioners, let
the petitioners, 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
concerned Court below in connection with Garkha P.S. Case No.
485 of 2026.
8. This is also subject to the condition that the
petitioners shall deposit an amount of Rs. 5,000/- each in
Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra and
produce the receipt of the same before the Court below. The bail
bonds of the petitioners shall be accepted after verifying the
genuineness of the receipt produced by the petitioners.
9. As a condition of this order, the petitioners, after
being released on bail, are directed to mark their attendance at
Garkha Police Station on first and third Sunday of each month.
Any default in appearance at the police station will result in
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cancellation of bail bonds of the petitioners.
(Sandeep Kumar, J)
Vikas/-
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