Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court ordered that bail be granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners, Nitesh Kumar and Sonu Kumar, sought bail after being implicated in a case under Section 5 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 51.84 litres of foreign liquor seized from a motorcycle. Villagers identified them as the individuals who fled the scene, but the petitioners contended that they neither owned nor had physical possession of the motorcycle or the liquor. The first petitioner has no prior criminal record, while the second has a past conviction unrelated to the present charge. The State opposed the bail application, arguing the seriousness of the offence. The court, after considering the facts, granted bail to both petitioners on a bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.
Issues considered
- Whether bail should be granted to the petitioners under Section 5 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioners' alleged lack of possession and ownership justifies bail
Legislation cited
- B.N.S. — s. 482(2), 5
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- foreign liquor
- seizure
- suspicion
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- narcotic substances
- arrest apprehension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18002 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- KATHAIYA District- Muzaffarpur
======================================================
1. Nitesh Kumar S/O Laddu Rai @ Sujeet Rai @ Dhananjay Kumar Yadav
R/O Vill.- Lohi Nawalpur, Thatitan @ Thatiyan, P.S.- Kathaiya, Dist.-
Muzaffarpur.
2. Sonu Kumar S/O Lalan Rai @ Lalan Prasad Yadav R/O Vill.- Lohi
Nawalpur, Thatitan @ Thatiyan, P.S.- Kathaiya, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Section (5) of
the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise
Act.
3. Perusal of the first information report and the
seizure list, would go to show that 51.840 liters of foreign liquor
is said to have been recovered from the motorcycle and it has
been alleged that the petitioners were identified by some local
villagers as the persons who fled away leaving behind the
motorcycle.
4. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.18002 of 2026(2) dt.03-04-2026
2/2
petitioners that there is no recovery from the physical and
conscious possession of the petitioners. The petitioners are
neither the owners of the said motorcycle nor are concerned
with the same. They have only been implicated on suspicion
and village politics. Further, the petitioner no. 1 has no criminal
antecedent however, petitioner no. 2 has one criminal antecedent
but not of the same nature.
5. Learned APP for the State opposes the prayer for
bail.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioners in the
event of their arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned court below where the case is pending/successor
court in connection with Kathaiya P.S. Case No. 23 of 2026,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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