Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner as there was no incriminating possession, no prior record, and a procedural lapse in the investigation.
Summary
The petitioner, Nitish Kumar, applied for bail in a case (Alamganj P.S. Case No. 12 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act, where 192 litres of liquor were recovered from a scooty. The petitioner argued that he was falsely implicated, no liquor was found in his possession, he has no prior criminal record, and the prosecution failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. Considering the lack of incriminating evidence, the petitioner’s clean record, and the procedural lapse, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15635 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Nitish Kumar S/O Suresh Mahto R/O Chhoukia, P.S- Gangabridge, Dist-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kritu Verma, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Alamganj P.S. Case No. 12 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 192 litres
of liquor was recovered from scooty.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.15635 of 2026(2) dt.10-03-2026
2/2
question or with the alleged recovery of liquor. The petitioner is
in custody since 06.01.2026 and 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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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 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 Alamganj P.S. Case
No. 12 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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