Ujjawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40538 of 2026 Arising Out of PS. Case No.-131 Year-2026 Thana- BARGAINIA District- Sitamarhi ====================================================== Ujjawal Kumar S/o Lalbabu Rai @ Lalbabu Prasad Resident of VillageDhudhua, Ward No. 3, P.S.- Ghorasahan, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present application has been filed seeking regular bail in connection with Bairgania P.S. Case No. 131 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 read with Section 317(5) of the B.N.S, 2023.

3. As per the prosecution case, there is recovery of 144 litres of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence. The petitioner is in custody since 12.05.2026 and claims clean antecedent. The petitioner undertakes to donate a sum of Rs.

Patna High Court CR. MISC. No.40538 of 2026(2) dt.23-06-2026 2/3 25,000/- (Rupees Twenty-Five Thousand Only) to a charitable organization, without prejudice to his defence and without admitting guilt.

5. Learned A.P.P. for the State opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

7. Accordingly, the petitioner is directed to be released on 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 the learned Court concerned where the case is pending/successor court in connection with Bairgania P.S. Case No. 131 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. with further conditions 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 842002 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) The petitioner shall mark his attendance at Ghorasahan Police Station on first and third Sunday of each month. In the event of

Patna High Court CR. MISC. No.40538 of 2026(2) dt.23-06-2026 3/3 default, the bail bonds shall be liable to be cancelled.

(iii) At the time of acceptance of bail bonds, the court below shall verify the antecedents of the petitioner. The bail bonds shall be accepted only upon confirmation that the petitioner 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) sadique/- U T