E-Paper
Liquor case accused gets bail in dry Bihar, asked to pay to beautify court
Uttam Kumar, the accused, was booked under the Bihar Prohibition and Excise Act following an alleged recovery of liquor in June
Prefer HTon Google
The Patna high court has granted anticipatory bail to a man accused of possessing liquor in Khagaria in Bihar, where prohibition was imposed in 2016, on the condition that he contribute ₹15,000 to beautify the local civil court campus with flower pots. A single-judge bench of Justice Rajiv Roy passed the September 2 order, which was uploaded on the high court’s website on September 8 (Tuesday).
Uttam Kumar, the accused from Khagaria’s Salarpur, was booked under the Bihar Prohibition and Excise Act following an alleged recovery of 81.450 litres of foreign liquor from an open field in June.
Advocate Brajesh Verma, who represented Kumar, argued that the liquor was recovered from an open field rather than Kumar’s “conscious possession”. He cited the 2019 Ram Vinay Yadav versus State of Bihar case, in which a full bench of the high court said anticipatory bail can be given under the prohibition law despite statutory bars if the First Information Report shows no prima facie offence.
Kumar offered to contribute ₹15,000 to the District Legal Services Authority to purchase flower pots for the Khagaria Civil Court campus. The prosecution opposed the bail plea, pointing out Kumar’s criminal antecedents.
Justice Roy observed that the seizure was made from an open field and ordered Kumar’s release on bail in the event of arrest or surrender within four weeks, subject to a ₹10,000 bail bond with two sureties, considering the 2019 precedent.
The high court imposed strict compliance conditions, including fortnightly attendance at the local police station for six months and appearance on every hearing date. It warned that missing two consecutive appearances without a valid reason or attempting to influence witnesses or commit another crime will lead to the bail cancellation.
