Nitish KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29216 of 2026
                  Arising Out of PS. Case No.-673 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
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                 Nitish Kumar S/o Sunil Yedav R/o Village - Dhirabigha, P.S - Makhdumpur,
                 District - Jehanabad

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr.Uday Kumar, Advocate
                 For the Opposite Party/s :      Mr.Lakshmi Kant Sharma, APP
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                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends arrest in connection with

                   Makhdumpur PS. Case No. 673 of 2025 dated 28.8.2025

                   instituted under Section 30(a) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2022.

                                3. The allegation is of recovery of 57 litres of illicit

                   foreign liquor from a Swift Dzire car bearing Registration No.

                   BR 1AC 5807. It is further alleged that two persons were

                   apprehended at the spot who disclosed the name of the

                   petitioner working as a liner of illicit liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that no incriminating article
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          has been recovered either from the conscious possession of the

          petitioner or from his house; rather, the seized illicit liquor has

          been recovered from a Swift Dzire car which does not belong to

          the petitioner. It is further submitted that the petitioner has been

          made an accused only on the basis of disclosure made by the

          apprehended accused persons stating his role as a liner of illicit

          foreign liquor. Lastly, it is submitted that one criminal case is

          pending against him.

                       5. Learned APP has opposed the prayer for bail.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, in

          the event of arrest or surrender before the Court below within

          six weeks from today, the petitioner be released on bail upon

          furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Special Excise Judge 1st, Jehanabad, Dist. Jehanabad, in

          Makhdumpur PS. Case No. 673 of 2025, subject to the

          conditions laid down in Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita 2023 and further (i) that the

          petitioner shall co-operate in the trial and shall be properly

          represented on each and every date fixed by the Court and on

          his absence on two consecutive dates without sufficient reason,
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                     his bail bond shall be cancelled by the court below, (ii) that one

                     of the bailors will be his own blood relation, preferably father,

                     mother, brother, sister and or his wife, (iii) that the bailor shall

                     also state on affidavit that he will inform the court concerned if

                     the petitioner is made accused in any other case of similar

                     nature after his release in the present case and thereafter the

                     court below will be at liberty to initiate the proceeding for

                     cancellation of bail on ground of misuse and (iv) that if the

                     petitioner tampers with the evidence or the witnesses, in that

                     case, the prosecution will be at liberty to move for cancellation

                     of bail.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

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