Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail, finding that the absence of conscious possession and procedural non‑compliance justified release on bond.
Summary
Nitish Kumar was arrested on 27 February 2026 in connection with a case involving the alleged illegal possession of 706.5 litres of foreign liquor, alleged offences under Sections 30(a) and 41(1) of the Bihar Prohibition & Excise (Amendment) Act. The petitioner contended that the liquor was recovered from a vehicle and container not owned by him, that nothing was found in his conscious possession, and that the seizure process violated Sections 103 and 105 of the Bihar Narcotic/Excise Seizure Statute, 2023. The State opposed bail. The High Court, after noting the lack of direct possession and procedural lapses, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail bonds be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted when the seized contraband was not found in the petitioner's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
- Whether the petitioner’s clean antecedent and claim of false implication affect the bail decision.
Subjects
- bail
- prohibition
- excise
- foreign liquor
- seizure
- conscious possession
- BNSS 2023
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27961 of 2026
Arising Out of PS. Case No.-96 Year-2026 Thana- DALSINGHSARAI District- Samastipur
======================================================
Nitish Kumar S/o Ashok Das @ Ashok Kumar Das R/o Village - Sirsi, P.S -
Khodawantpur, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the State : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Mahendra Pratap, learned counsel for
the petitioner and Mr. Lakshmi Kant Sharma, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
27.02.2026, in connection with Dalsingsarai P.S. Case No. 96 of
2026, F.I.R. dated 26.02.2026 registered for the offences
punishable under Sections 30(a) and 41(1) of the Bihar
Prohibition & Excise (Amendment) Act.
3. Recovery is of 706.5 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.27961 of 2026(2) dt.27-04-2026
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rather recovery has been made from a Maruti container bearing
Reg. No. NL01N2125 as well as truck in question and apart
from that altogether 706.5 lires of foreign liquor was recovered
from the vehicles in question. He further submits that the
petitioner is not owner of the vehicles in question and apart
from aforesaid the seizure list witnesses are police personnel so
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioner is in custody since 27.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Court of
Learned Special Judge-I, Samastipur in connection with
Dalsingsarai P.S. Case No. 96 of 2026, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.27961 of 2026(2) dt.27-04-2026
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
U T
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