Patna High Court
Nitish Kumar Singh @ Nitesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioners subject to a bond of Rs.10,000 each, two sureties, and a condition to deposit Rs.25,000 each in a charitable institution.
Summary
The petitioners Nitish Kumar Singh, Sonu Manji and Amit Kumar were arrested for possession of 216 litres of illicit foreign liquor and charged under sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016. They applied for regular bail, claiming innocence and noting that one had a clean record while the others had prior convictions. Their counsel offered to donate Rs.25,000 each to a charitable organization as a condition for bail. The State opposed the bail application. The Court, after considering the facts and the petitioners' willingness to deposit the charitable amount, allowed the bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties and to deposit Rs.25,000 with the Ramkrishna Mission Ashrama, producing the receipt before the lower court.
Issues considered
- Whether bail should be granted to the accused under sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016.
- Whether the petitioners' criminal antecedents and the proposed charitable donation affect the grant of bail.
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition & Excise Act
- criminal antecedents
- charitable donation
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39776 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Nitish Kumar Singh @ Nitesh Singh S/o Late Nagendra Kumar Singh
resident of village - Fatre Ka Tola Ward no. 02, P.s.- Bairiya, District- Baillia
State- Uttar Pradesh.
2. Sonu Manji S/o- Lalchandra Manjhi Resident of Vill- Mangarhidih, P.s.-
Chapra Muffasil, District- Saran.
3. Amit Kumar S/o Patiram Singh Resident of Village - Mubarakpir Ward no.
-03, P.S- Rivilganj, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raushan Raj
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek regular bail in connection with
Sadar Excise P.S. Case No. 110 of 2026 registered for the
offence under sections 30(a) and 32(3) of the Bihar Prohibition
& Excise Act, 2016.
3. The recovery is of total 216 litres of illicit foreign
liquor from two vehicles.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.39776 of 2026(2) dt.22-06-2026
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case. Petitioner no. 1 has clean antecedent, petitioner no. 2 has
got two criminal antecedents and petitioner no. 3 has six
criminal antecedents. He further submits that the petitioners are
in custody since 15.05.2026 without any fault.
5. Learned counsel for the petitioners also submits
that the petitioners are ready to donate Rs.25,000/- each in some
charitable organization without accepting their guilt.
6. Learned APP appearing for the State opposes the
prayer of the petitioners for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioners,
this application is allowed.
8. Let the petitioners, above named, be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of concerned Court below, in connection with
Sadar Excise P.S. Case No. 110 of 2026.
9. This is also subject to the condition that the
petitioners shall deposit an amount of Rs.25,000/- each in
Ramkrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit
House, Chapra and produce the receipt of the same before the
Court below. The bail bonds of the petitioners shall be accepted
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after verifying the genuineness of the receipt produced by the
petitioners.
(Sandeep Kumar, J)
tusharika/-
U T
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