Patna High Court
Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioners subject to a bond, a monetary donation, and regular police‑station attendance conditions.
Summary
Aditya Kumar and Vishal Kumar were arrested in connection with the recovery of 110.04 litres of illicit liquor, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Amendment Act. The petitioners applied for bail, claiming innocence and having been in custody since 2 June 2026. The State opposed the bail application. The High Court, after considering the facts and submissions, ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties each, and conditioned the release on a donation of Rs.25,000 each to the Ramakrishna Mission Ashram and regular attendance at the respective police stations on the first and third Sundays of each month. The Court also stipulated that failure to comply would result in cancellation of the bail bonds. Consequently, the bail was granted with these conditions.
Issues considered
- Whether bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Amendment Act for the alleged illicit liquor offence.
- Whether the conditions imposed by the Court for granting bail are lawful and appropriate.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition law
- Bihar Prohibition and Excise Amendment Act
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43812 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- Khawaspur District- Bhojpur
======================================================
1. Aditya Kumar S/O Ajay Kumar @ Ajai Kumar R/O Vill.- Usari
Laxmichowk, P.s.- Shahpur, Dist.- Bhojpur
2. Vishal Kumar S/O Ravindra Sahani R/O Ward no. 14, Hasanpur Surat, P.s.-
Patori, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Tiwari
For the Opposite Party/s : Mr.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Khawaspur P.S. Case No. 21 of 2026 registered for the offence
under section 30(a) of the Bihar Prohibition and Excise
Amendment Act.
3. The recovery is of 110.04 liters of illicit liquor.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and they are in custody since
2.6.2026.
5. Learned counsel for the petitioners submits that the
petitioners are ready to donate Rs. 25,000/- each in some
Patna High Court CR. MISC. No.43812 of 2026(2) dt.07-07-2026
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charitable organization without accepting his 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 Khawaspur P.S. Case
No. 21 of 2026.
8. This is also subject to the condition that the
petitioners shall deposit an amount of Rs. 25,000/- each in
Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce
their respective receipts 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 petitioner no. 01,
after being released on bail, is directed to mark his attendance at
Shahpur Police Station on first and third Sunday of each month.
Similarly, the petitioner no. 02 is directed to mark his
attendance at Pattori Police Station on first and third Sunday of
each month. Any default in appearance at the police station will
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result in cancellation of bail bonds of the petitioners.
(Sandeep Kumar, J)
Vikas/-
U
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