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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a Rs.10,000 bond with two sureties, a Rs.25,000 donation, and monthly police‑station attendance.

Summary

The petitioner, Deepak Kumar, was arrested in connection with the seizure of 141 litres of illicit liquor and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016. He applied for bail, claiming innocence and stating that he had been in custody since 3 April 2026. The petitioner offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts and the petitioner's willingness to comply with conditions, granted bail on the requirement of a Rs.10,000 bond with two sureties, the donation of Rs.25,000 to Ramakrishna Mission Ashram, and mandatory monthly police‑station attendance, with non‑compliance leading to cancellation of bail.

Issues considered

  • Whether bail should be granted to the petitioner charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016
  • Whether the condition of a charitable donation can be imposed as a term of bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • charitable donation condition
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45602 of 2026
                     Arising Out of PS. Case No.-89 Year-2026 Thana- JITNA District- East Champaran
                 ======================================================
                 Deepak Kumar S/O Dinesh sah R/O Vill.- Agarwa, ward no. 3, P.s.- Jitna,
                 Dist.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prateek Tandon
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Jitna

                   P.S. Case No. 89 of 2026 registered for the offence under

                   Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act,

                   2016.

                                 3. The recovery is of 141 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 3.4.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
          Patna High Court CR. MISC. No.45602 of 2026(2) dt.09-07-2026
                                                      2/2




                                  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 concerned

                    Court below in connection with Jitna P.S. Case No. 89 of 2026.

                                  8. This is also subject to the condition that the

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

                    Ramakrishna Mission Ashram, Bela, Muzaffarpur 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 a condition of this order, the petitioner after

                    being released on bail is directed to mark his attendance at Jitna

                    Police Station on 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.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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