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Patna High Court

Nitish Pandey @ Nitesh PandeyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted subject to the conditions imposed by the Court.

Summary

The Patna High Court heard a bail application filed by Nitish Pandey, who was arrested in connection with the recovery of 330 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner asserted his innocence, claimed a clean antecedent and offered to donate Rs 25,000 to a charitable institution without admitting guilt. The State opposed the bail. After considering the submissions, the Court granted bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties, deposit Rs 25,000 with Ramakrishna Math, have his antecedent verified, and report to the police station on the first and third Sundays of each month. The order expressly stated that it was limited to the bail application and did not prejudice the merits of the trial. The Court directed the lower court to verify compliance before accepting the bail bonds.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor
  • Whether the conditions imposed by the Court are appropriate and sufficient to secure the accused’s appearance

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal procedure
  • surety
  • clean antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42416 of 2026
                           Arising Out of PS. Case No.-69 Year-2026 Thana- Bahera District- Gaya
                 ======================================================
                 Nitish Pandey @ Nitesh Pandey Son of Kailash Pandey R/o Village -
                 Chakuliya, P.S.- Chakuliya, District - West Singhbhum (Jharkhand).

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Brijmohan Das, Advocate
                 For the State             :        Mr.Ramchandra Sahni, 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 Bahera

                   P.S. Case No. 69 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

                   330 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

                   23.04.2026 and claims clean antecedent.

                                 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.42416 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 Court No. 5, Gaya/concerned Court below in

          connection with Bahera P.S. Case No. 69 of 2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.

          Gurua, Dist. Gayaji, 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 the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.

                       10. As a condition of this order, the petitioner after
           Patna High Court CR. MISC. No.42416 of 2026(2) dt.29-06-2026
                                                       3/3




                     being released on bail is directed to mark his attendance at

                     Chakuliya Police Station, District-West Singhbhum (Jharkhand)

                     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.

                                  11. It is, however, clarified that the observations made

                     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.

                                  12. Let a copy of this order be communicated to the

                     Superintendent Police, West Singhbhum (Jharkhand) through

                     FAX or e-mail for its compliance.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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