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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

The petitioner, Nitish Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 64 litres of liquor were recovered from a public place. He argued that he was falsely implicated, no incriminating article 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 bail. Considering the lack of direct evidence, the petitioner’s clean record, and the procedural lapse, the Court decided to grant bail. The bail was set at 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 accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the recovery and lack of direct evidence.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15825 of 2026
                         Arising Out of PS. Case No.-9 Year-2026 Thana- AKILPUR District- Saran
                 ======================================================
                 Nitish Kumar S/o Sukeshwar Ray R/o vill - Purani Panapur, ward no. 1, P.S.-
                 Akilpur, Distt.- Saran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Akilpur

                   P.S. Case No. 9 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 64 litres

                   of liquor has been recovered from plastic box.

                               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 rather the recovery has been made

                   from an open place which is accessible to public at large. The

                   petitioner has got no concern with the alleged recovery of
           Patna High Court CR. MISC. No.15825 of 2026(2) dt.11-03-2026
                                                       2/2




                     liquor. The petitioner is in custody since 22.01.2026 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 Akilpur P.S. Case

                     No. 9 of 2026.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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