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Patna High Court

Nikhil MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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