Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioners, subject to bond, surety, and appearance conditions.

Summary

The petitioners, Nitish Kumar and Shekhar Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 100 litres of liquor were recovered from a motorcycle. They argued that no incriminating article was found in their possession, they had no prior criminal records (except one minor antecedent for petitioner 1), and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The State opposed bail. Considering the lack of direct evidence, the petitioners' clean records, and the period of custody already served, the Court decided to grant bail subject to bond and surety conditions and compliance with future court appearances. The order directed the release of each petitioner on a bail bond of Rs.15,000 with two sureties and stipulated conditions for cancellation of bail on default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13973 of 2026
                        Arising Out of PS. Case No.-3 Year-2026 Thana- TILAUTHU District- Rohtas
                 ======================================================
           1.     Nitish Kumar Son of Musafir Yadav Resident of Village - Maharajganj,
                  Police Station - Tilauthu, District – Rohtas.

           2.    Shekhar Kumar Son of Surendra Prajapati Resident of Village - Hurka,
                 Police Station - Tilauthu, District - Rohtas.


                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bipin Kumar, Advocate
                 For the Opposite Party/s :        Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   26-02-2026                 Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with Tilauthu

                   P.S. Case No. 3 of 2026 instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 100 litres

                   of liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioners submitted that

                   the petitioners have falsely been implicated in the present case.
Patna High Court CR. MISC. No.13973 of 2026(2) dt.26-02-2026
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          No incriminating article has been recovered from the conscious

          possession of the petitioners. Learned counsel further submitted

          that petitioners are in no manner connected with the alleged

          recovery of liquor. The petitioners are in custody since

          07.01.2026. Petitioner no. 1 has one one criminal antecedent

          whereas petitioner no. 2 has no criminal antecedent. There is no

          compliance of Section 103 of the Bharatiya Nagarika Suraksha

          Sanhita, 2023.

                     5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                     6. Considering the aforesaid facts and circumstances of

          the case as also the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each

          with two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Tilauthu P.S.

          Case No. 3 of 2026, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioners.

                       (II) The petitioners shall appear on each and every

          date fixed at the trial. In case of default in such appearance on
           Patna High Court CR. MISC. No.13973 of 2026(2) dt.26-02-2026
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                     two consecutive dates, the Trial Court will have liberty to cancel

                     the bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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