Patna High Court
Nitish Yadav @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner, having no personal involvement with the seized liquor and no criminal antecedent, is entitled to regular bail.
Summary
The petitioner, Nitish Yadav, was arrested in connection with an excise case where 117 litres of liquor were seized from a vehicle, though no incriminating article was found on him and he claimed no ownership of the vehicle. He had been in custody since 6 February 2026 and had no prior criminal record. The petitioner argued that he was falsely implicated and sought regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The court examined the FIR allegations, the petitioner’s lack of personal involvement with the seized liquor, his prolonged detention, and his clean antecedent. Finding no substantive link between the petitioner and the contraband, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to cancellation if an antecedent is later discovered. The bail was thus granted with conditions.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the circumstances of his arrest
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- excise law
- Bihar Prohibition and Excise Act
- false implication
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17610 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
Nitish Yadav @ Nitish Kumar Son of Lalachandra Yadav @ Lalchand R/O
Village- Didhwania Majhowa, P.S.- Jianpur, District- Azamgarh, Uttar
Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
Ms. Mili Kumari, Advocate
Mr. Mukul Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Buxar Excise P.S. Case
no.50 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, on search being
conducted, 117 litres of liquor was recovered from the vehicle in
question and the petitioner was taken into custody.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession. He
has no concern with the vehicle in question nor with the seized
article. He is in custody since 6.2.2026 and has no criminal
Patna High Court CR. MISC. No.17610 of 2026(2) dt.25-03-2026
2/2
antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner not having any concern with the vehicle in question,
his having remained in custody since 6.2.2026 and not having
any criminal antecedent, the petitioner is directed to be enlarged
on bail in connection with Buxar Excise P.S. Case no.50 of 2026
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise Judge-II, Buxar on the
following condition :
(i) In case, it subsequently transpires that the
petitioner has an antecedent under the Bihar Prohibition and
Excise Act, 2016, the prosecution will have the liberty to move
this Court for cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
Shiv/-
U T
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