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Patna High Court

Akhilesh PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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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