Patna High Court
Nitish Kumar @ Nitish DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail should be granted, subject to strict conditions, as the petitioner’s involvement is not established through constructive possession and the co-accused’s disclosure alone does not warrant denial of bail.
Summary
The petitioner, Nitish Kumar, was implicated in a case (Kanhauli PS Case No. 25 of 2026) for alleged possession of 692.640 liters of illicit Nepalese and English liquor seized from a Mahindra Scorpio vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner contended that the liquor was not in his constructive possession and that his name surfaced only through the statements of a co-accused, Khushi Kumar, while also noting his seven prior antecedents for which he was on bail. He applied for anticipatory bail, offering to deposit Rs. 25,000 with the Advocates’ Association of the Patna High Court. The State opposed the bail. The Court, after considering the lack of recovery from the petitioner’s possession and the co-accused’s disclosure, granted anticipatory bail subject to a bond of Rs. 10,000, two sureties, and several conditions under Section 482(2) of the B.N.S.S. Act. The bail remains conditional on compliance with the stipulated terms.
Issues considered
- Whether anticipatory bail should be granted when the petitioner’s name is disclosed solely by a co-accused and no liquor is recovered from his constructive possession.
- Whether the petitioner’s prior antecedents preclude the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. Act are appropriate for anticipatory bail in a prohibition offence.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. Act — s. 482(2)
Subjects
- anticipatory bail
- constructive possession
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 482(2)
- co-accused disclosure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28455 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- KANHAULI District- Sitamarhi
======================================================
Nitish Kumar @ Nitish Das son of Indal Das Resident of Village- Ramnagra
Ward no. 1, Ps- Kanhauli, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Madhubala Verma, Adv.
For the Opposite Party/s : Ms.Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Kanhauli P.S. Case No. 25 of 2026 dated 26.02.2026
registered for the offence punishable under Section/s 30(a) of
the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, the police have recovered
total 692.640 liters of illicit Nepalese and English liquor from a
four-wheeler being vehicle Mahindra Scorpio vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that the seized article have not
been recovered from the constructive possession of the
petitioner rather the same has been recovered from the
Mahindra Scorpio vehicle. It is further submitted that the name
Patna High Court CR. MISC. No.28455 of 2026(3) dt.07-05-2026
2/3
of the petitioner has transpired in this case on the basis of the
disclosures made by the apprehended co-accused Khushi
Kumar. Counsel for the petitioner fairly submits that the
petitioner bears altogether seven antecedents and, in all such
cases, he is on bail. However, counsel for the petitioner, on
instruction, submits that the petitioner, without accepting his
guilt, is ready to pay an amount of Rs. 25,000/- in the
Advocates’ Association of the Patna High Court.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that the name of the petitioner has
transpired in this case on the basis of the disclosures made by
the co-accused as also taking into account the fact that there is
no recovery from the constructive possession of the petitioner,
let the petitioner, above named, be released on anticipatory bail
in the event of his arrest or surrender before the court below
within a period of four weeks from today on furnishing bail
bond of Rs. 10,000/- (rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned I/c Exclusive
Special Excise Court No.I, Sitamarhi in connection with
Kanhauli P.S. Case No. 25 of 2026, subject to the condition as
Patna High Court CR. MISC. No.28455 of 2026(3) dt.07-05-2026
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laid down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) The receipt of deposit in the account of Advocates’
Association of the Patna High Court, shall be shown to the
learned court below.
(ii) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(iii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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