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Patna High Court

Naveen KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to the stipulated conditions.

Summary

Naveen Kumar was arrested in connection with the recovery of 252 litres of illicit liquor, alleged to have violated Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner pleaded innocence, claimed a clean antecedent, and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail application. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit the Rs.25,000 donation, and verify his antecedent. Additional conditions included regular attendance at the police station on specified days and the possibility of bail cancellation for non‑compliance. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to an accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the conditions imposed (bond, donation, sureties, antecedent verification, police‑station attendance) are appropriate for bail.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • charitable donation
  • police attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43630 of 2026
                     Arising Out of PS. Case No.-1004 Year-2026 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Naveen Kumar Son of Nandlal Paswan @ Nand Lal Paswan Resident of
                 Village - Aadamdan, Ward No. 1, P.S.- Bairgania, District - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Hans Lal Kumar, Advocate
                 For the State            :         Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Excise

                   Sitamarhi P.S. Case No. 1004 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

                   252 litres of illicit liquor from a vehicle.

                                 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

                   02.05.2026 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.43630 of 2026(2) dt.06-07-2026
                                            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 Court No.-II, Sitamarhi/concerned Court below

          in connection with Excise Sitamarhi P.S. Case No. 1004 of

          2026.

                       8. This is also subject to the condition that the

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

          Ramakrishna Mission Sevashrama, Swami Vivekananda Path,

          Bela, Muzaffarpur, 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
           Patna High Court CR. MISC. No.43630 of 2026(2) dt.06-07-2026
                                                       3/3




                     bail bonds of the petitioner shall not be accepted.

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

                     being released on bail is directed to mark his attendance at

                     Bairgania Police Station, District- Sitamarhi 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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