Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Nitish Kumar, was arrested on 29 January 2026 after 200 litres of country‑made Mahua wine were recovered from a motorcycle he was driving. He applied for bail, contending that the vehicle did not belong to him, that Section 103 of the BNSS had not been complied with, and that he is the sole breadwinner of his family. The State opposed the bail application. The court examined the facts, the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, and the petitioner’s personal circumstances. It ordered the release of the petitioner on bail with a bond of Rs 10,000 and two sureties, subject to conditions of regular appearance and non‑repetition of similar offences. The bail order also empowered the lower court to cancel the bond on failure to appear on two consecutive dates.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 considering the seizure of 200 litres of Mahua wine and the petitioner’s personal circumstances
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 103
Subjects
- bail
- prohibition law
- excise
- Mahua wine
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19002 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- Gurupa District- Gaya
======================================================
Nitish Kumar S/o Late Upendra Yadav Resident of Village- Anbaatari, P.S.-
Chauparan, District- Hazaribagh, Jharkhand
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar
For the Opposite Party/s : Mrs.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Gurpa
P.S. Case No. 08 of 2026 registered for the offence under
Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. It is alleged that from a motorcycle, which the
petitioner was driving, altogether 200 liters of country made
Mahua wine was recovered.
4. Learned counsel appearing for the petitioner
submits that the petitioner is in custody since 29.01.2026 and
the vehicle does not belong to him and there is non-compliance
of Section 103 of BNSS and he is the sole bread earner of his
family and he undertakes to cooperate in the trial.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.19002 of 2026(2) dt.25-03-2026
2/2
6. Considering the facts and circumstances of the
case, let the, above named, petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No.04, Gayaji, in connection
with Gurpa P.S. Case No. 08 of 2026.
7. It is directed that the petitioner would be
represented on each and every date in the trial and on failure on
two consecutive dates, the learned court below would be at
liberty to cancel his bail bonds. It is further directed that if the
petitioner gets himself involved in similar nature of offences,
the prosecution would be at liberty to file cancellation of bail
before appropriate forum.
(Praveen Kumar, J)
Pawan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.