Patna High Court
Nitish Kumar @ Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioners subject to a Rs.30,000 bail bond and conditions prescribed under the B.N.S.S., 2023.
Summary
The petitioners, four residents of Salempur village, were named in FIR No. 1373 of 2025 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 involving 65.94 litres of illicit liquor. They claimed innocence, arguing that no liquor was found in their possession and that their inclusion in the case stemmed from a hostile chowkidar’s statement. The State opposed their bail, contending the seriousness of the offence. The High Court, considering the petitioners’ clean antecedents and lack of direct possession, granted anticipatory bail subject to a Rs.30,000 bond and compliance with conditions under the Bihar Narcotic Substances (Suppression) Act, 2023. The Court also directed the trial court to verify any undisclosed criminal antecedents and to cancel bail if concealment is discovered.
Issues considered
- Whether anticipatory bail can be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioners’ alleged involvement, based solely on a chowkidar’s statement, justifies denial of bail.
- What conditions, if any, should be imposed under the Bihar Narcotic Substances (Suppression) Act, 2023 for anticipatory bail.
Subjects
- anticipatory bail
- prohibition law
- excise
- Section 30
- Bihar
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21752 of 2026
Arising Out of PS. Case No.-1373 Year-2025 Thana- JAHANABAD District- Jehanabad
======================================================
1. Nitish Kumar @ Nitesh Kumar S/o Ravindra Prasad @ Rakesh Prasad
Resident of Village- Salempur, P.S.- Kadauna, Dist.- Jehanabad
2. Mandal @ Sipahi Ji @ Mandal Prasad S/o Babuchand Yadav @ Babu
Chandra Prasad Resident of Village- Salempur, P.S.- Kadauna, Dist.-
Jehanabad
3. Lallu Yadav @ Lalu Kumar S/o Devnandan Yadadv Resident of Village-
Salempur, P.S.- Kadauna, Dist.- Jehanabad
4. M. P. Yadav @ M.P. Raj S/o Shatrudhan Prasad Resident of Village-
Salempur, P.S.- Kadauna, Dist.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hari Om, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Jehanabad (Kadauna) P.S. Case No. 1373 of
2025 lodged on 23.12.2025, for the offence punishable under
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioners
and one unknown person. Total recovery of 65.94 litres of illicit
Patna High Court CR. MISC. No.21752 of 2026(2) dt.08-04-2026
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liquor has been made, which is the subject matter of the present
case.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Counsel submits that nothing has been recovered from the
conscious possession of the petitioners and their names have
figured in this case only by virtue of statement of local
chowkidar who has inimical terms with the petitioners. He
further submits that the petitioners have clean antecedent and
they are ready to fulfill all the conditions whatsoever shall be
imposed upon them.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. In the present facts and circumstances of this case,
let the above named petitioners be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
District & Additional Sessions Judge-cum-Special Excise-II,
Jehanabad, in connection with Jehanabad (Kadauna) P.S. Case
No. 1373 of 2025, subject to the conditions as laid down U/s
Patna High Court CR. MISC. No.21752 of 2026(2) dt.08-04-2026
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482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioners, and in case, it is found at any
stage that the petitioners have concealed the fact about their
criminal antecedent(s), the Trial Court shall take steps for
cancellation of bail bond of the petitioners. However, the
acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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