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Patna High Court

Nitin Kumar @ Niteen KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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