Patna High Court
Nitish Kumar @ Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner with a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Nitish Kumar, was arrested on 16 February 2026 in connection with a case involving the alleged possession of 130 litres of country-made liquor recovered from a motorcycle, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no conscious possession of the liquor, was not the owner of the motorcycle, and had a clean criminal record. Counsel highlighted that the FIR failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail, but the Court considered the lack of direct possession, the procedural lapses, and the petitioner's clean antecedent. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seizure of 130 litres of liquor under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS, 2023, in the FIR warrants bail.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- BNSS 2023
- seizure of liquor
- clean antecedent
- procedural non‑compliance
- motorcycle seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22496 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- PANAPUR District- Saran
======================================================
Nitish Kumar @ Nitesh Kumar S/o Kirti Sahni @ Kriti Sahani Resident of
Village- Hussepur, Naya Tola, P.S.- Sahebganj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjani Parashar, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Anjani Parashar, learned counsel for the
petitioner and Mr.Parmanand Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
16.02.2026 in connection with Panapur P.S. Case No. 50 of
2026, F.I.R. dated 14.02.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 130 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR that nothing has been recovered from conscious
possession of the petitioner rather altogether 130 liters of
country made liquor has been recovered from the motorcycle in
Patna High Court CR. MISC. No.22496 of 2026(2) dt.07-04-2026
2/3
question and petitioner is not the owner of the motorcycle in
question. Learned counsel for the petitioner submits that from a
bare perusal of the FIR it appears that there is non-compliance
of Sections 103 and 105 of BNSS, 2023 and the petitioner is in
custody since 16.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, nothing has been recovered from conscious
possession of the petitioner rather the recovery has been made
from the motorcycle in question and there is non-compliance of
Sections 103 and 105 of BNSS, 2023, 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 2nd Exclusive Special Excise
Judge, Saran at Chapra in connection with Panapur P.S. Case
No. 50 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.
Patna High Court CR. MISC. No.22496 of 2026(2) dt.07-04-2026
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(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.
(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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