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Patna High CourtCR. MISC./41519/2026bail granted

Birendra Kumar v. The State Of Bihar

2026-06-25Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41519 of 2026 Arising Out of PS. Case No.-35 Year-2026 Thana- SANHAULA District- Bhagalpur ====================================================== Birendra Kumar Son of Deva Mandal Resident of Village- Sadar Rakhwari Baghmocha, Dumka, P.S.- Dumka, District- Dumka (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2016.

3. The recovery is of 233 litres of illicit foreign liquor from a vehicle.

4. Learned counsel for the petitioner submits that the petitioner is merely the owner of the vehicle from which the liquor was seized and has one criminal antecedent. He further submits that the petitioner is in custody since 03.04.2026 without any fault.

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

Patna High Court CR. MISC. No.41519 of 2026(2) dt.25-06-2026 2/3 organization without accepting his guilt.

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

7. Considering the facts and circumstances of the case as well as the submissions of learned counsel for the petitioner, this application is allowed.

8. Let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Bhagalpur/ concerned Court below, in connection with Sanhaula P.S. Case No. 35 of 2026.

9. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramakrishna Mission Vidyapit, Ramkrishna Nagar, P.O.- Vidyapith, Dist- Deoghar, Jharkhand 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.

10. As a condition of this order, the petitioner after being released on bail, is directed to mark his attendance at Dumka Police Station, District- Dumka, State- Jharkhand on

Patna High Court CR. MISC. No.41519 of 2026(2) dt.25-06-2026 3/3 first Sunday of the month. Any default in appearance at the Police Station will result in cancellation of bail bonds of the petitioner.

11. Let a copy of this order be communicated through FAX or e-mail to the Superintendent of Police, Dumka, Jharkhand for its compliance.

(Sandeep Kumar, J) tusharika/- U T