Khushi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26118 of 2026 Arising Out of PS. Case No.-78 Year-2026 Thana- Excise P.S. District- Madhubani ====================================================== Khushi Kumar Son of Saukhi Sahni Resident of Village- Khaira Tol, Madhiya, ward no. 15, P.S.- Basopatti, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-04-2026 Heard learned counsel for the parties.
2. The petitioner seeks regular bail in connection with Sadar Excise P.S. Case No. 78 of 2026, corresponding to G.O. Case No. 466/2026, registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 585 litres of illicit Nepali country made liquor from the three motorcycles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has no concern with the seized motorcycles. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no criminal antecedent and he is in custody since 16.02.2026.
5. Learned A.P.P. for the State has opposed the prayer
Patna High Court CR. MISC. No.26118 of 2026(2) dt.21-04-2026 2/3 for bail.
6. Considering the facts and circumstances of the case, clean antecedent of the petitioner and also period of custody, this bail application is allowed.
7. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Court concerned where the case is pending/successor court in connection with Sadar Excise P.S. Case No. 78 of 2026, corresponding to G.O. Case No. 466/2026, subject to the condition that:
(i). The petitioner shall deposit a sum of Rs. 25,000/- (Rupees twenty five Thousand only) with Ramakrishna Mission Sevashrama, Swami Vivekananda Path, Bela, Muzaffarpur, Bihar and shall produce a valid receipt thereof before the court below. The bail bonds shall be accepted only after verification of the genuineness of the said receipt.
(ii) At the time of acceptance of bail of the petitioner. The bail bonds shall be accepted only upon confirmation that the petitioner
Patna High Court CR. MISC. No.26118 of 2026(2) dt.21-04-2026 3/3 has no criminal antecedent.
However, such verification shall not be used as a ground to unnecessarily delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Sandeep Kumar, J) Ranjeet/- U T