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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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