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Patna High Court

Nitesh Kumar @ Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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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