Patna High Court
Nikesh Jha @ Nikesh Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to bond and specified conditions.
Summary
Nikesh Jha was arrested after 91.2 litres of liquor were recovered from a motorcycle and charged under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the motorcycle, that no incriminating material linked him to the liquor, and that his arrest was based merely on suspicion, despite having six prior criminal antecedents and no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed bail. The Court, considering the period of custody, the lack of direct evidence, and the nature of the offences, granted bail subject to a Rs.15,000 bond, two sureties, and conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether bail should be granted in a case involving alleged possession of a large quantity of liquor under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
- Whether the absence of direct incriminating material and the claim of non‑ownership of the vehicle justify bail despite the petitioner’s prior criminal record.
- Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita is a prerequisite for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- liquor possession
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12343 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- Patauna District- Madhubani
======================================================
Nikesh Jha @ Nikesh Kumar Jha Son of Babuwan Jha @ Sutai Jha @
Babuvan Resident of Village- Balia, P.S.- Benipatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Patauna P.S. Case No. 03 of 2026, instituted for the offences
punishable under Sections 274, 275, 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 91.2 liters
liquor was recovered from motorcycle and the petitioner was
arrested on 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
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is not the
owner of the motorcycle in question. It is further submitted that
the petitioner has been arrested only on the basis of suspicion.
The petitioner is in custody since 12.01.2026 and has got six
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 after framing
of charge, if not already framed, 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 Patauna P.S. Case No. 03 of 2026,
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
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fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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