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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                      3/3




                    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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