Patna High Court
Shravan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Shravan Kumar was arrested in connection with the recovery of 523.995 litres of illicit liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He filed an anticipatory bail application, which the petition mistakenly omitted to label as such, and contended that he had no direct possession of the liquor, no criminal antecedents, and was falsely implicated. The petitioner offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The Court, after hearing counsel, granted bail on the condition of a Rs. 10,000 bond with two sureties who must be close relatives, a mandatory deposit of Rs. 25,000 to the Ramakrishna Mission, and monthly attendance at the Birpur Police Station. Non‑compliance with these conditions would lead to cancellation of bail. The order was pronounced by Justice Sandeep Kumar of the Patna High Court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the omission in the petition.
- Whether bail should be granted under the provisions of the Bihar Prohibition and Excise (Amendment) Act, 2018 for the alleged offences.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88599 of 2025
Arising Out of PS. Case No.-221 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
Shravan Kumar Son of Shilo Yadav Resident of Village- Bhawanandpur, P.O.-
Panapur, Ward No. 13, P.S.- Birpur, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 07-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Learned counsel for the petitioner, at the very
outset, fairly submits that the petitioner has moved for
anticipatory bail which has inadvertently not been mentioned in
paragraph 2 of the bail petition.
3. The petitioner seeks bail in connection with
Begusarai Excise P.S. Case No. 221 of 2025 for an offence
registered under Section 30(a), 32(3) of the Bihar Prohibition
and Excise (Amendment) Act, 2018.
4. As per the prosecution case, 523.995 liters of
illicit liquor has been recovered.
5. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.88599 of 2025(3) dt.07-01-2026
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been implicated in this case. Nothing has been recovered from
the conscious possession of the petitioner. The petitioner is in
custody since 15.09.2025.
6. Learned counsel for the petitioner submits that
the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
7. He further submits that the petitioner has no
criminal antecedent.
8. Considering the aforesaid facts, this application
is allowed.
9. Let the petitioner, above named, be released on
bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with
two sureties was of the like amount each to the satisfaction of
the learned Exclusive Special Excise Judge-II, Begusarai/
concerned court in connection with Begusarai Excise P.S. Case
No. 221 of 2025, subject to the condition that the both the
bailors should be the close relative of the petitioner.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Gayaji Camp at I.A.S.
Colony, Sidheswar Ghar Aangan Complex Block-B,
Domuhan, Bodh Gaya, Gaya (Account Number:-
Patna High Court CR. MISC. No.88599 of 2025(3) dt.07-01-2026
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43250537266) (IFSC Code:- SBIN0064608) 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.
11. As a condition of this order, the petitioner, after
being released on bail, is directed to mark his attendance at
Birpur Police Station on every 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)
niku/-
U T
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