Patna High Court
Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted subject to a Rs 10,000 bond with two sureties, a Rs 25,000 charitable donation, and mandatory weekly police‑station attendance.
Summary
The petitioner, Pradeep Kumar, was arrested after 61.08 litres of illicit foreign liquor were seized from an e‑rickshaw, leading to a charge under Section 30(a) of the Bihar Prohibition & Excise Act. He has been in custody since 6 June 2026 and claims innocence, although the court was informed he has one prior criminal antecedent. The petitioner offered to donate Rs 25,000 to a charitable organization without admitting guilt and sought regular bail. The State opposed the bail application. The Patna High Court, after considering the facts and the petitioner’s willingness to furnish a bond and make the donation, granted bail subject to a Rs 10,000 bond with two sureties, a Rs 25,000 deposit to Ramkrishna Mission, and a condition to appear at the police station every Sunday, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition & Excise Act involving seizure of illicit liquor.
- Whether the petitioner’s prior criminal antecedent and the nature of the offence preclude the grant of bail.
- Whether the conditions imposed by the court for bail are lawful and sufficient.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition & Excise Act
- Section 30(a)
- illicit liquor
- criminal antecedent
- conditions of bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45681 of 2026
Arising Out of PS. Case No.-321 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Pradeep Kumar S/o Vinod Rai Resident of Village- Brahampur Police Station-
Bhagwan Bazar, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shrinath Manjhi, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
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 regular bail in a case registered
for the offence under section 30(a) of the Bihar Prohibition &
Excise Act.
3. The recovery is of 61.08 litres of illicit foreign
liquor from a e-rickshaw.
4. At the very outset, learned counsel for the petitioner
submits that after filing the bail application, learned counsel has
got instruction that the petitioner has got one criminal
antecedent. It is next submitted that the petitioner is innocent
and has falsely been implicated in this case. He further submits
that the petitioner is in custody since 06.06.2026 without any
fault.
Patna High Court CR. MISC. No.45681 of 2026(2) dt.09-07-2026
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5. Learned counsel for the petitioner also 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 of the petitioner for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioner,
this application is allowed.
8. Let the petitioner, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge-2, Saran
at Chapra/ concerned Court below, in connection with Revilganj
P.S. Case No. 321 of 2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in Ramkrishna
Mission Ashrama, Latu Maharaj Path, Opp. Circuit House,
Chapra 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.
10. As a condition of this order, the petitioner after
Patna High Court CR. MISC. No.45681 of 2026(2) dt.09-07-2026
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being released on bail, is directed to mark his attendance at
Bhagwan Bazar Police Station, District- Saran at Chapra on
every Sunday of the month. Any default in appearance at the
Police Station will result in cancellation of bail bonds of the
petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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