Patna High Court
Nikhil MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond, a donation condition, and regular police station attendance.
Summary
Nikhil Mishra was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 72 litres of illicit liquor from his motorcycle. He applied for bail, asserting his 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 submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit the Rs.25,000 donation with the Ramakrishna Mission Sevashrama, and report to the Nanpur Police Station every Sunday. The order was limited to the bail application and did not prejudice the merits of the trial. Consequently, the petitioner was released on bail subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor
- Whether the conditions imposed, including a monetary donation and regular police station attendance, are appropriate for bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39606 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- PUPRI District- Sitamarhi
======================================================
Nikhil Mishra S/o Vinay Mishra Resident of Village- Sirsi, P.S.- Nanpur
(Wrongly typed Pupri in FIR), District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the State : Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Pupri
P.S. Case No. 80 of 2026 registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of 72
litres of illicit liquor from the motorcycle.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
26.03.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
Patna High Court CR. MISC. No.39606 of 2026(2) dt.22-06-2026
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6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Excise Court No.-II, Sitamarhi/concerned Court below in
connection with Pupri P.S. Case No. 80 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar and produce the receipt of the same
before the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Nanpur Police Station, District-Sitamarhi on every Sunday of
the month. Any default in appearance at the police station will
result in cancellation of bail bonds of the petitioner.
10. It is, however, clarified that the observations made
Patna High Court CR. MISC. No.39606 of 2026(2) dt.22-06-2026
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herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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