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Patna High Court

Hitesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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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

          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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