Patna High Court

Niteesh KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that anticipatory bail should be granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Niteesh Kumar, sought anticipatory bail fearing arrest in a case (PS No. 617 of 2025) involving alleged seizure of 97.110 litres of liquor from his vehicle under the Bihar Prohibition and Excise Act. The prosecution alleged his ownership of the vehicle and implicated him under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Act. The petitioner contended he was falsely implicated, had no criminal antecedent, and that the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 was absent, arguing that no prima facie case existed. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail on the condition of furnishing a bail bond of Rs.15,000 with two sureties and subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether the prosecution has established a prima facie case against the petitioner under the Bihar Prohibition and Excise Act.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 has been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 482
Section 103
liquor seizure
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16385 of 2026
                  Arising Out of PS. Case No.-617 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Niteesh Kumar S/O Rameshwar Ray R/OVillage- Bariyarpur Ahamadpur,
                 Ward No.13, Gauspur Bariyarpur, P.S- Rajapakar, Dist-Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s :         Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Kaimur (Bhabhua) PS Case No. 617 of 2025 instituted for

                   the offences under Sections 30(a), 32(i)(iii) & 41(i)(ii) of the

                   Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that total 97.110

                   litres of liquor was recovered from a car.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case as being owner

                   of the vehicle in question. The petitioner has got no concern

                   with the alleged recovery of liquor. The petitioner has no
           Patna High Court CR. MISC. No.16385 of 2026(2) dt.13-03-2026
                                                       2/2




                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarika Suraksha Sanhita, 2023.                Learned

                     counsel for the petitioner, therefore, contends that prima-facie

                     no case is made out against the petitioner. Other co-accused has

                     been granted bail by this Court vide order dated 24.11.2025,

                     passed in Cr. Misc. No. 79028 of 2025.

                             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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Kaimur (Bhabhua)

                     PS Case No. 617 of 2025, subject to the conditions as laid down

                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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