Patna High CourtCR. MISC./43818/2026bail granted

Nitish Kumar v. The State Of Bihar

2026-07-07Mr. Justice Sandeep Kumar3 pages

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 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