Patna High Court
Akhilesh PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.15,000 and the conditions imposed by the court.
Summary
Akhilesh Pandit was arrested after 22.8 litres of spirit were recovered from a plastic sack at a canal bank and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that no incriminating material was found on his person and that the recovery site was a public open area. He had been in custody since 26‑11‑2025 and possessed seven prior criminal convictions, and the prosecution highlighted non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court, after weighing the length of custody, lack of direct evidence, and the circumstances of the seizure, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and several conditions regarding appearance, territorial restrictions, and future offences.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act despite having seven prior convictions.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.
- Whether the open‑public nature of the recovery site affects the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- court conditions
- section 30
- section 103
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5346 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- ISUAPUR District- Saran
======================================================
Akhilesh Pandit Son of Late Shivnath Pandit Resident of village - Nipaniya,
Police Station - Isuapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachida Nand Rai, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Isuapur
P.S. Case No. 194 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 22.800
liters of spirit was recovered from plastic sack. Petitioner was
arrested on the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of spirit. Learned counsel
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.5346 of 2026(2) dt.31-01-2026
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made from bank of canal, which is an open place and is
accessible to public at large. The petitioner is in custody since
26.11.2025 and has got seven criminal antecedents. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Isuapur P.S. Case
No. 194 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
Patna High Court CR. MISC. No.5346 of 2026(2) dt.31-01-2026
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nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(IV) The petitioner will not leave the territorial
jurisdiction of the Court below without its prior permission for
the same.
(Rudra Prakash Mishra, J)
manish/-
U T
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