Patna High Court
Nitish Kumar Singh @ Tuntun @ Tuntun Kumar @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Nitish Kumar Singh, was arrested in connection with the alleged recovery of 320 litres of spirit from a location behind Manoj's house, under Sections 30(a), 41(1) and 41(2) of the Excise Act. He has a prior case under the same Act and has been in custody since 1 February 2026. The petitioner’s counsel argued that he resides near the incident site, will not abscond, and will cooperate with the trial, seeking regular bail. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, pending the trial of Excise Case No.126 of 2026. The bail application was allowed.
Issues considered
- Whether bail should be granted to the petitioner in offences punishable under Sections 30(a), 41(1) and 41(2) of the Excise Act despite a prior case and the nature of the alleged offence.
Legislation cited
- Excise Act — s. 30(a), 41(1), 41(2)
Subjects
- bail
- Excise Act
- Section 30(a)
- Section 41(1)
- Section 41(2)
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21590 of 2026
Arising Out of PS. Case No.-126 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Nitish Kumar Singh @ Tuntun @ Tuntun Kumar @ Nitish Kumar S/o-
Sacchinand Singh @ Sachidanand Singh Village- Ishapur PS- Madanpur
District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh
For the Opposite Party/s : Mr.Rajendra Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 41(1) and 41(2) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 320 litres of spirit from a place
behind the house of Manoj.
4. The learned counsel for the petitioner submits that
since petitioner resides at a place nearby to the place of
occurrence, hence based on suspicion, he came to be arrested
and it is submitted that petitioner will not abscond rather will
Patna High Court CR. MISC. No.21590 of 2026(2) dt.18-04-2026
2/2
cooperate in the trial to prove his innocence and is in custody
since 01.02.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Excise Case No.126 of 2026.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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