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Patna High Court

Shravan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                         3/3




                       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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