Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
Nitish Kumar sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to alleged possession of illicit liquor. He asserted that he had no criminal antecedent, did not own the motorcycle from which the liquor was seized, and that the seizure memo was improperly signed, casting doubt on the legitimacy of the evidence. The State opposed the bail, arguing the seriousness of the offence. The Court examined the petitioner's claims, the lack of direct possession, and procedural defects in the seizure, and found merit in granting anticipatory bail. Accordingly, the Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC, Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner’s alleged involvement in the alleged illicit liquor offence is sufficiently established to deny bail.
- Whether procedural defects in the seizure memo affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- prohibition and excise
- illicit liquor
- seizure memo
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23609 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Nitish Kumar S/o Sanjay Lal R/o vill- Manika, P.S.- Madanpur, Dist.-
Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Vishal
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a) and
32(c) of the Bihar Prohibition and Excise (Amendment) Act,
2022 in connection with Madanpur P.S.Case No. 203 of 2025.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and the entire allegation is false and
concocted. The petitioner has nothing to do with the seized
illicit liquor.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. The petitioner claims to be having no criminal
antecedent. He was not apprehended on the spot and, therefore,
Patna High Court CR. MISC. No.23609 of 2026(2) dt.16-04-2026
2/3
no liquor was recovered from the conscious physical possession
of the petitioner. The motor-cycle from which the liquor has
been recovered, also does not belong to the petitioner. The
owner of the motor-cycle Prince Kumar, who was carrying the
liquor, has already been apprehended. The search and seizure
memo also does not bear the signature of two independent
witnesses, in fact, it bears the signature of the police witnesses,
thereby putting a question mark on the seizure itself.
6. Considering all these aspects of the matter, I am
inclined to grant privilege of anticipatory bail to the petitioner.
Let the petitioner, as named above, in the event of his arrest or
surrender within four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
learned District and Additional Sessions Judge-cum-Exclusive
Special Judge, Excise Court No.1, Aurangabad in connection
with Madanpur P.S.Case No. 203 of 2025, subject to the
conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and subject to further condition that :-
(i) the petitioner shall co-operate in the investigation/
trial.
Patna High Court CR. MISC. No.23609 of 2026(2) dt.16-04-2026
3/3
(ii) the learned court would, however, verify the
criminal antecedent of the petitioner and in case 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, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
Checking your session…