Patna High Court
Rahul Pandit @ Rahul Kumar PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to specified monetary and procedural conditions.
Summary
The petitioner, Rahul Pandit, was implicated in a case (Karnamepur P.S. Case No. 31 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, based on confessional statements of two arrested individuals. He asserted a clean antecedent and claimed false implication, offering to donate Rs.10,000 to a charitable organization without admitting guilt. The State opposed his bail, but the High Court, after considering the circumstances, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, a donation of Rs.10,000 to Ramakrishna Math, monthly police‑station attendance, and verification of his antecedents. The order emphasized that the observations were prima facie and would not affect the trial. The bail was conditioned under Section 482(2) of the B.N.S.S. and the court directed compliance within four weeks of arrest or surrender.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the conditions imposed by the court are reasonable and sufficient to safeguard the interests of justice.
- Whether the State's opposition to bail is justified given the petitioner's claim of false implication and clean antecedent.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- false implication
- bail conditions
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 37851 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Karnamepur District- Bhojpur
======================================================
Rahul Pandit @ Rahul Kumar Pandit Son of Manbodh Kumhar @ Manbodh
Pandit Resident of Village -Karnamepur Police Station -Karnamepur District
-Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Karnamepur P.S. Case No. 31 of 2026 registered for
offences under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2018.
3. As per the prosecution case, two persons were
arrested with 17.28 litres of illicit liquor. The name of the
petitioner has surfaced on the basis of confessional statement
made by the arrested persons. The petitioner claims clean
antecedent and false implication.
4. Learned counsel for the petitioner submits that
the petitioner undertakes to donate a sum of Rs. 10,000/-
Patna High Court CR. MISC. No. 37851 of 2026(2) dt.16-06-2026
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(Rupees Ten Thousand Only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory 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
learned Court below where the case is pending/successor Court
in connection with Karnamepur P.S. Case No. 31 of 2026,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S., also with further conditions that:-
(i) The petitioner shall deposit a
sum of Rs. 10,000/- (Rupees Ten Thousand
Only) with Ramakrishna Math, Village
Jharha (near Matua Pahar), Halka Chilore,
P.O. Gurua, Dist. Gayaji, Bihar 824205 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
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attendance at Karnamepur Police Station on
first and third Sunday of each month. In the
event of 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
antecedent 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/-
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