Patna High Court
Nisha KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Nisha Kumar, was arrested on 5 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 140 litres of country‑made Mahua liquor from a motorcycle. The petitioner claimed a clean antecedent, asserted that the FIR was fabricated, and argued that the liquor was not found in his conscious possession. The State opposed bail. The court, noting the petitioner’s clean record and the circumstances of the recovery, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence or concealment of antecedents.
Issues considered
- Whether the petitioner is entitled to bail for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the fact that the liquor was recovered from the motorcycle and not from the petitioner’s conscious possession justifies bail.
- Whether non‑compliance with Sections 103/105 of the BNSS, 2023 affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Mahua liquor
- possession
- clean antecedent
- exclusive special court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21319 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Nisha Kumar S/o- Vakil Sharma @ Vakil Thakur R/v- Jahangir Ps- Raghopur
Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr.Ravi Ranjan, learned counsel for the
petitioner and Mr.Narsingh Tanti, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
05.02.2026 in connection with Nadi P.S. Case No. 46 of 2026,
F.I.R. dated 04.02.2026 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. Recovery is of 140 liters of country made Mahua
liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. From a
bare perusal of the FIR it appears that nothing has been
recovered from conscious possession of the petitioner rather
Patna High Court CR. MISC. No.21319 of 2026(2) dt.01-04-2026
2/3
the recovery has been made from the motorcycle in question and
altogether 140 liters of country made Mahua liquor was
recovered from the motorcycle in question and there is non-
compliance of Sections 103/105 of BNSS, 2023 and the
petitioner is in custody since 05.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid facts and petitioner has
clean antecedent, let the petitioner, above named, 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 Court of Excise, Patna City, Patna in
connection with Nadi P.S. Case No. 46 of 2026, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
Patna High Court CR. MISC. No.21319 of 2026(2) dt.01-04-2026
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(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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