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Patna High Court

Akhilesh Giri @ Akalesh GiriversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a cash bond, sureties, a charitable donation, and monthly police attendance.

Summary

Akhilesh Giri was arrested in connection with a case involving 390 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for regular bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the custody period and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties and deposit Rs. 25,000 with the Ramakrishna Mission, producing a receipt, and attend the police station on the first Sunday of each month. The court clarified that its observations were prima facie and not to influence the trial. The bail order was thus issued subject to the stipulated conditions.

Issues considered

  • Whether regular bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the condition of a charitable donation can be imposed as a condition of bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal procedure
  • Section 30(a)
  • charitable donation condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36532 of 2026
                      Arising Out of PS. Case No.-562 Year-2025 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Akhilesh Giri @ Akalesh Giri S/O Late Bipat Giri R/V- Dhemha, P.S- Kanti,
                 Dist- Muzaffarpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Alok
                 For the Opposite Party/s :        Mr.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Kanti P.S. Case No. 562 of 2025,

                   registered for offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 390 liters of illicit

                   liquor have been recovered from the spot. The petitioner is in

                   custody since 30.03.2026.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence; rather,

                   he has been falsely implicated in the present case. It is further

                   submitted that the petitioner undertakes to donate a sum of Rs.

                   25,000/- (Rupees Twenty-Five Thousand only) to a charitable
Patna High Court CR. MISC. No.36532 of 2026(2) dt.30-06-2026
                                            2/3




          organization, without prejudice to his defence and without

          admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody, and the submissions advanced

          on behalf of the parties, the application for 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 Kanti P.S. Case No.

          562 of 2025, subject to the following conditions:

                                       (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 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 Kanti Police Station on every 1 st
                          Sunday of each month. In the event of default, the
                          bail bonds shall be liable to be cancelled.
            Patna High Court CR. MISC. No.36532 of 2026(2) dt.30-06-2026
                                                        3/3




                                   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)
Shishir/-

U       T


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