Patna High Court
Hitesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Hitesh Yadav, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 300 litres of illicit liquor. He claimed innocence and alleged false implication, having been in custody since 18 May 2026, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail, but the court considered the facts, the petitioner's readiness to furnish bail bonds, and the charitable donation. The court granted bail on the condition of a Rs.10,000 bond with two sureties, a Rs.25,000 donation to Ramakrishna Math, and monthly attendance at the police station. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42400 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- JALAI District- Saharsa
======================================================
Hitesh Yadav S/o Late Khakhan Yadav R/o Village - Shankarthua, P.S -
Mahishi (Jalai O.P), District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Jalai
P.S. Case No. 34 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
300 litres of illicit liquor.
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
18.05.2026.
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.42400 of 2026(2) dt.29-06-2026
2/3
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
Special (Excise) Judge-I, Saharsa/concerned Court below in
connection with Jalia P.S. Case No. 34 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea, 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
Mahishi (Jalai O.P.) Police Station, District- Saharsa on first and
third Sunday of each 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.42400 of 2026(2) dt.29-06-2026
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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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