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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

The petitioners, three residents of Khakhai village, sought anticipatory bail fearing arrest in a case (PS Case No. 257 of 2025) under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 180 litres of illicit liquor was recovered from a vehicle. The prosecution alleged the petitioners were among the accused, while the petitioners contended that the liquor was not in their conscious possession and they were innocent. The State opposed bail, highlighting the petitioners' prior criminal antecedent and a pending case under the Excise Act. The High Court, after hearing, declined to grant anticipatory bail, noting the criminal antecedent and the seriousness of the offence. However, the Court directed that if the petitioners surrender within four weeks, the trial court must hear their bail application promptly without prejudice.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the recovery of illicit liquor and their prior criminal antecedent.

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22650 of 2026
                     Arising Out of PS. Case No.-257 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
           1.     Nitish Kumar Son of Ashok Yadav All are Resident of Village - Khakhai,
                  Ward No. 01, P.S. - Kishanpur, District - Supaul.
           2.    Indrajeet Kumar Son of Dinesh Yadav All are Resident of Village - Khakhai,
                 Ward No. 01, P.S. - Kishanpur, District - Supaul.
           3.    Pradeep Kumar Son of Ravindra Yadav All are Resident of Village -
                 Khakhai, Ward No. 01, P.S. - Kishanpur, District - Supaul.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kamal Kishore Singh, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   16-04-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Kishanpur P.S. Case No. 257 of 2025 lodged on

                   19.12.2025, for the offence punishable under Sections

                   30(a)/41(1) of the Bihar Prohibition and Excise (Amendment)

                   Act, 2022, pending in the Court of Exclusive Special Judge,

                   Excise Court No.1, Supaul.

                                3. As per the prosecution, FIR has been lodged against

                   three named accused persons including the present petitioners

                   and one unknown person. Total recovery of 180 litres of illicit
Patna High Court CR. MISC. No.22650 of 2026(2) dt.16-04-2026
                                            2/3




          liquor has been made, which is the subject matter of the present

          case.

                       4. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel submits that nothing has been recovered from the

          conscious possession of the petitioners and the said recovery has

          been made from the vehicle. Counsel submits that the

          petitioners have no concern with the alleged recovery. Counsel

          further submits that the petitioners have one criminal antecedent

          in which, they are on bail.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that criminal antecedent of

          the petitioners is not clean as there is one case pending against

          them which is registered under Excise Act and this aspect must

          be taken into consideration.

                       6. As such, in the present facts and circumstances, this

          Court is not inclined to grant bail to the petitioners. Accordingly,

          the prayer for anticipatory bail of the petitioners stand rejected.

                       7. However, if petitioners surrender before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, the Trial Court is directed to pass order on

          their surrender-cum-bail application on the same day, without
             Patna High Court CR. MISC. No.22650 of 2026(2) dt.16-04-2026
                                                         3/3




                       being prejudice that the anticipatory bail of the petitioners has

                       been rejected by this Court and the Trial Court shall pass order

                       on the merit of this case.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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