Patna High Court
Nitin Kumar @ Niteen KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and compliance with Section 482(2) of the CrPC.
Summary
The petitioner, Nitin Kumar, sought anticipatory bail fearing arrest in a case (Kalyanpur P.S. Case No. 08 of 2026) involving alleged possession of 3602.16 litres of illicit liquor, alleged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution claimed the liquor was recovered from a truck, but the petitioner contended that the vehicle did not belong to him and he had no direct involvement. Although the petitioner has three prior similar cases (all on bail except one acquitted), he offered to deposit Rs.20,000 in the Patna High Court Advocate Association welfare account as a condition for bail. The State opposed the anticipatory bail, but the Court, noting the lack of ownership of the truck, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the CrPC, along with proof of the proposed deposit.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged involvement in the illicit liquor seizure
- Whether the lack of ownership of the truck from which liquor was recovered negates culpability
- Whether the conditions proposed (deposit and bail bond) are sufficient for granting anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- CrPC Section 482
- bail bond
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11444 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- KALYANPUR District- Samastipur
======================================================
Nitin Kumar @ Niteen Kumar S/o Rajeshwar Prasad Singh Resident of
Village - Ladaura, P.S - Kalyanpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar, Adv.
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Kalyanpur P.S. Case No. 08 of 2026 dated 10.01.2026
registered for the offence punishable under Section/s 30(a)/41(1)
of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, the police has recovered
total 3602.16 liters of illicit liquor from the truck bearing Regd.
No. HR63C 6143.
4. Learned counsel for the petitioner submits that the
recovery is said to have been made from the truck which does
not belong to the petitioner. It is next submitted that the
petitioner has ten antecedents out of which three are of similar
nature of cases and in all of them, he is on bail except in one
Patna High Court CR. MISC. No.11444 of 2026(2) dt.17-02-2026
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case in which he has been acquitted. Counsel for the petitioner
lastly submits that the petitioner is ready to abide by the terms
and conditions imposed in this case, in case, the benefit of
privilege of anticipatory bail is extended to him.
5. At this stage, without accepting the guilt, learned
counsel for the petitioner proposes to deposit Rs.20,000/-
(Rupees Twenty Thousand) in the welfare account of the
Advocate Association of the Patna High Court.
6. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
7. Having heard learned counsel for the parties and taking
into consideration the fact that the petitioner is not the owner of
the alleged truck from which alleged recovery is said to have
been made, this Court is inclined to grant anticipatory bail to the
petitioner.
8. Let the petitioner, above named, be released on
anticipatory bail in the event of his arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge Excise First, Samastipur in
connection with Kalyanpur P.S. Case No. 08 of 2026, subject to
Patna High Court CR. MISC. No.11444 of 2026(2) dt.17-02-2026
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the condition as laid down under Section 482(2) of the B.N.S.S.
and on production of the receipt showing deposit of Rs.20,000/-
as proposed on behalf of the petitioner.
(Ajit Kumar, J)
rishi/-
U T
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