Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20068 of 2026 Arising Out of PS. Case No.-384 Year-2026 Thana- Excise P.S. District- Sitamarhi ====================================================== Himanshu Kumar S/o- Ram Pramod Mahto Village - Bajitpur, Ward no -16 ,P. S- Dumara, District - Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi Madhya Nished P.S. Case No. 384 of 2026 dated 11.02.2026 for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The recovery is of 510 litres of illicit country-made liquor from the car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is in custody since 11.02.2026 and has got no criminal antecedent. The petitioner is the driver of the said vehicle.

5. Learned counsel for the petitioner submits that the petitioner is ready to donate Rs. 25,000/- in some charitable

Patna High Court CR. MISC. No.20068 of 2026(2) dt.01-04-2026 2/3 organization without accepting his guilt.

6. Learned APP appearing for the State opposes the prayer for bail of the petitioner.

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 hail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge-02 Excise, Sitamarhi in connection with Sitamarhi Madhya Nished P.S. Case No. 384 of 2026. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramakrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar 842 002 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.

As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Dumara Police Station on first Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

Patna High Court CR. MISC. No.20068 of 2026(2) dt.01-04-2026 3/3 As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted. (Sandeep Kumar, J) atul/- U T