Umashankar @ Umashankar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28427 of 2026 Arising Out of PS. Case No.-65 Year-2026 Thana- DEHRI TOWN District- Rohtas ====================================================== Umashankar @ Umashankar Thakur S/o Sudarshan R/o Village- Narayanpur, Kotwa Narayanpur, PS- Narahi Sohaon, Dist- Balia, U.P. At present VillageMohammadabad, PS- Bhawar Kol, Dist- Ghazipur, U. P. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh, Advocate For the State :
Mr.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-05-2026 Heard the parties.
2. The petitioner apprehends arrest in connection with Dehri Nagar P.S. Case No.65 of 2026 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The recovery is of 138.475 liters of illicit liquor from a tempo. The petitioner is the owner of the vehicle from which the recovery was made.
4. Learned counsel for the petitioner submits that the petitioner, being the owner of a commercial vehicle, cannot be held liable for the illegal acts done by his driver. Further, the petitioner claims clean antecedent.
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.28427 of 2026(2) dt.07-05-2026 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 also the submission of learned counsel for the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner, above named, be released on bail 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, Excise Court No.1, Rohtas at Sasaram/ concerned Court below in connection with Dehri Nagar P.S. Case No. 65 of 2026, subject to the conditions laid down in Section 482 of the BNSS/ 438(2) of the Code of Criminal Procedure, 1973.
8. This is also subject to the condition that the petitioner shall deposit an amount of Rs.25,000/- in Ramakrishna Mission Ashrama, Luxa Road, Varanasi and produce the receipt of the same before the Court below at the time of furnishing bail bonds. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by him.
9. It is, however, clarified that the observations made
Patna High Court CR. MISC. No.28427 of 2026(2) dt.07-05-2026 3/3 herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not expressed any opinion on the merits of the case. (Sandeep Kumar, J) P. Kumar U T