Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to the conditions specified by the Court.
Summary
Vishal Kumar was arrested in connection with the recovery of 100 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, a clean antecedent and offered to donate Rs 25,000 to a charitable organization without pleading guilty. 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 Rs 25,000 with the Ramakrishna Mission, and verify his antecedent. Additional conditions included monthly attendance at Shahpur Police Station on the first and third Sundays, with non‑compliance leading to cancellation of bail. 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 the accused in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the Court are appropriate and sufficient to ensure the accused’s attendance and prevent tampering with evidence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- conditions of bail
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43631 of 2026
Arising Out of PS. Case No.-202 Year-2026 Thana- DIGHWARA District- Saran
======================================================
Vishal Kumar S/o Naresh Mahto @ Haresh Mahto Resident of Village-
Shankarpur Footani Bazar, P.S.- Shahpur, District Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Nath Ojha, Advocate
For the State : Mr.Ramesh Chandra, 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
Dighwara P.S. Case No. 202 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of
100 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
18.05.2026 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.43631 of 2026(2) dt.06-07-2026
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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 Special
Judge, Excise- Ist, Saran at Chapra/ concerned Court below in
connection with Dighwara P.S. Case No. 202 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, Ramakrishna Avenue, Nala
Road Patna, 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.43631 of 2026(2) dt.06-07-2026
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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
Shahpur Police Station, District-Patna 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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