Patna High Court
Nitesh Kumar @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Nitesh Kumar, was arrested in connection with the recovery of 76.50 litres of illicit liquor from the house of co‑accused Bindeshwari Yadav under Section 30(a) of the Bihar Prohibition and Excise Act. He filed a regular bail application before the Patna High Court, claiming that no incriminating material was found in his possession and that he was implicated only on suspicion, with a clean antecedent and having been in custody since 18‑03‑2026. The State opposed the bail, arguing the seriousness of the offence. The Court examined the nature of the accusation, the petitioner’s clean record and the period of detention, and found no compelling reason to deny bail. Consequently, the Court granted bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Judge, Excise‑I, Araria.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, the petitioner’s clean antecedent and the period of custody.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition and excise
- illicit liquor
- Section 30(a)
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28634 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- ARARIA District- Araria
======================================================
Nitesh Kumar @ Nitish Kumar S/o Late Bindeshwari Yadav Resident of
village- Gaiyari, Ward No.- 10, P.S- Araria, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Araria P. S. Case No. 34 of 2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, total 76.50 liter illicit
liquor was recovered from the house of co-accused Bindeshwari
Yadav.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner and he is no way connected with the
aforesaid recovery. Petitioner has been made accused in this
case only on suspicion. Petitioner claims clean antecedent and is
Patna High Court CR. MISC. No.28634 of 2026(2) dt.13-05-2026
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in custody since 18.03.2026. Charge-sheet has already been
submitted.
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to 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
the learned Exclusive Special Judge, Excise-I, Araria in
connection with Araria P. S. Case No. 34 of 2026.
(Prabhat Kumar Singh, J)
Navya/-
U T
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