Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Nitesh Kumar, a driver of a pickup van, was arrested in connection with the seizure of 1,109.52 liters of illicit liquor and charged under sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, was merely a driver, and had no criminal antecedents, having been in judicial custody since 4 April 2026. The State opposed his request for regular bail. After hearing both sides, the Patna High Court considered the facts, the lack of direct involvement, and the petitioner’s clean record, and decided to grant regular bail. The court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to satisfaction of the Exclusive Special Judge, Excise, Samastipur. The order effectively disposed of the bail petition.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s role as a driver and lack of direct possession justify granting bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 41(1), 41(2)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- driver
- criminal antecedent
- seizure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29308 of 2026
Arising Out of PS. Case No.-64 Year-2026 Thana- TAJPUR District- Samastipur
======================================================
Nitesh Kumar S/o Laldev Ray Resident of Village - Pindrauta Khurd, P.S. -
Tisiauta, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30(a), 41(1)
and 41(2) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a pickup
van, altogether 1109.52 liters of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
has submitted that he is merely a driver of the said vehicle. He
has no concern with the alleged recovery. The witnesses of the
seizure list are police personnel and police has not complied
Patna High Court CR. MISC. No.29308 of 2026(2) dt.06-05-2026
2/2
Section 105 of BNSS while preparing seizure list. A statement
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent. Moreover, he is languishing in
judicial custody since 04.04.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Tajpur P.S. Case No. 64 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise, Court No.-II, Samastipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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