Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties, and conditions of appearance and future conduct.
Summary
The petitioner, Nitesh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 183.400 litres of illicit liquor. He contended that he was merely the driver of the vehicle and had no knowledge of the contraband, asserting his innocence and lack of any incriminating material in his possession. The State opposed bail, while the petitioner highlighted his clean record, the duration of his custody since 23 September 2025, and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, after considering these facts, decided to grant bail, imposing a bond of Rs. 15,000 with two sureties and specific conditions regarding family surety, appearance in court, and future offences. The order reflects the Court's discretion to balance the seriousness of the alleged offence with the petitioner’s personal circumstances and rights.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the alleged offence and the petitioner’s claim of being a mere driver.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition and excise
- illicit liquor
- driver
- Section 30(a)
- Section 103
- criminal procedure
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2180 of 2026
Arising Out of PS. Case No.-432 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Nitesh Kumar S/o Ram Ekbal Ram Resident of Village- Yadopur, PS-
Yadopur, Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurabh Kumar, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kuchaikote P.S. Case No. 432 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 183.400 liters
of country made liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of the vehicle and
Patna High Court CR. MISC. No.2180 of 2026(2) dt.19-01-2026
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he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 23.09.2025 and has got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kuchaikote P.S. Case
No. 432 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
Patna High Court CR. MISC. No.2180 of 2026(2) dt.19-01-2026
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to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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