India
Bihar Court Grants Bail to Liquor Case Accused on Condition of Funding Court Beautification
By Arun Kumar
The Patna High Court has granted anticipatory bail to a man accused in a liquor possession case in Khagaria, Bihar, on the condition that he pay ₹15,000 toward beautifying the local civil court campus with flower pots. Bihar has enforced prohibition since 2016.
Justice Rajiv Roy, presiding over a single-judge bench, issued the order on September 2, which was published on the high court’s website on September 8. The accused, Uttam Kumar from Salarpur in Khagaria, had been charged under the Bihar Prohibition and Excise Act after authorities allegedly recovered 81.450 litres of foreign liquor from an open field in June.
Kumar’s lawyer, advocate Brajesh Verma, argued that the liquor was found in an open field and not in his client’s direct possession. Verma referenced the 2019 ruling in Ram Vinay Yadav versus State of Bihar, in which a full bench of the high court held that anticipatory bail could be granted under the prohibition law, notwithstanding statutory restrictions, if the First Information Report did not establish a prima facie offense.
As part of his defense, Kumar offered to donate ₹15,000 to the District Legal Services Authority for purchasing flower pots for the Khagaria Civil Court campus. The prosecution opposed the bail request, citing Kumar’s prior criminal record.
Justice Roy noted that the liquor had been seized from an open field and, referencing the 2019 precedent, ordered Kumar’s release on bail if arrested or upon surrender within four weeks. The bail was set with a bond of ₹10,000 and two sureties.
The court also imposed strict conditions for compliance, requiring Kumar to report to the local police station every two weeks for six months and to attend all scheduled court hearings. The court warned that failing to appear on two consecutive dates without valid justification, or attempting to influence witnesses or commit further offenses, would result in the cancellation of his bail.