Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Nitish Kumar, a driver, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 1,225.8 liters of illicit liquor were recovered from his pick‑up vehicle. He claimed he was unaware of the liquor and that nothing was found in his personal possession, and he had been in judicial custody since 20‑02‑2026. The State opposed bail, citing a prior criminal case against him. After hearing both sides, the High Court considered the facts and the petitioner’s role as merely a driver. The Court granted bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the Special Judge, Excise‑II, Muzaffarpur.
Issues considered
- Whether a driver, who claims lack of knowledge and control over illicit liquor seized from his vehicle, is eligible for bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Subjects
- bail
- excise
- prohibition
- illicit liquor
- driver
- criminal antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20237 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- MANIYARI District- Muzaffarpur
======================================================
Nitish Kumar Son of Jiwachh Mahto Resident of village - Manika Bujurg,
Police Station - Sarairanjan, District – Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Maniyari P.S. Case No.66 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from a
pick-up vehicle 1225.800 liters of country made foreign liquor
was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is only the driver of the
pick-up vehicle. Learned counsel for the petitioner has further
submitted that the petitioner was unaware of the alleged
recovery and recovery thereof. It has further been submitted that
nothing has been recovered from the possession of the
Patna High Court CR. MISC. No.20237 of 2026(2) dt.31-03-2026
2/2
petitioner. The petitioner is mere a driver. Learned counsel for
the petitioner has further submitted that the petitioner is in
judicial custody since 20.02.2026.
5. The application for bail is opposed by learned APP
for the State. He has further stated that the petitioner is having
criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclusive Special Judge Excise-II, Muzaffarpur in connection
with Maniyari P.S. Case No.66 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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