Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted with specified conditions.
Summary
Nitish Kumar was arrested in connection with the recovery of 230 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He has been in custody since 24 April 2026 and claims innocence, asserting that he has no prior criminal record and is willing to donate Rs. 25,000 to a charitable organization. The State opposed his bail application. The Court, after considering the facts and the petitioner's submissions, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties of the same amount, depositing Rs.25,000 with the Ramakrishna Mission Ashram, and producing the receipt. Additional conditions include reporting to the Saharsa Sadar Police Station on the first and third Sundays of each month and verification of his antecedent before accepting the bail bonds. Non‑compliance with any condition would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 considering the facts and the petitioner's claim of innocence and clean antecedent.
Legislation cited
Subjects
- bail
- illicit liquor
- prohibition law
- criminal procedure
- surety
- antecedent verification
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43818 of 2026
Arising Out of PS. Case No.-173 Year-2026 Thana- Excise P.S. District- Saharsa
======================================================
Nitish Kumar S/o Dinesh Prasad Yadav R/o vill- Bharrahi, ward no. 6, P.O.-
Siradipatti, P.S.- Saharsa Sadar, Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Piyush Saurav
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Saharsa Excise P.S. Case No. 173 of 2026 registered for the
offence under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. The recovery is of 230 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 24.04.2026.
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. He further submits that
the petitioner has no criminal antecedent.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.43818 of 2026(2) dt.07-07-2026
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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 concerned
Court below in connection with Saharsa Excise P.S. Case No.
173 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bhatta Bazar, Purnia 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
Saharsa Sadar Police Station 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. 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
Patna High Court CR. MISC. No.43818 of 2026(2) dt.07-07-2026
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petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
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