Patna High Court
Akhilesh Giri @ Akalesh GiriversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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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