Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to standard conditions, as there was no evidence of conscious possession and the petitioner possessed a clean antecedent.
Summary
The petitioner, Nitish Kumar, was arrested on 24 February 2026 in connection with an excise case involving the seizure of 106.200 litres of foreign liquor, alleged to be offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2018. He contended that the liquor was recovered from a vehicle and not from his conscious possession, that he has a clean antecedent, and that the seizure list witnesses being police officers violated Sections 103 and 105 of the Bihar Negotiable Securities Act. The petitioner also pointed out that a co‑accused, Raushan Kumar, had been granted bail in a similar case. The Additional Public Prosecutor opposed bail, but the court considered the lack of direct possession, the petitioner’s clean record, and the precedent of bail to the co‑accused. Justice Rajesh Kumar Verma ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent. The bail order was made without delay for verification of antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of foreign liquor under the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure list witnesses being police officers violates Sections 103 and 105 of the Bihar Negotiable Securities Act.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify granting bail.
- Whether the precedent of bail granted to a co‑accused in a similar case is applicable.
Legislation cited
- Bihar Negotiable Securities Act — s. 103, 105
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 47
Subjects
- bail
- excise law
- foreign liquor
- conscious possession
- criminal antecedent
- section 103
- section 105
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29783 of 2026
Arising Out of PS. Case No.-130 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
Nitish Kumar S/O Hanshi Yadav Resident of Village- Birgaon, P.S.-
Gwalpara, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Mr. Pramod Kumar Mallick, learned counsel
for the petitioner and Mr. Parmanand Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.02.2026 in connection with Excise Sadar P.S. Case No.130 of
2026, F.I.R. dated 23.02.2026 for the offences punishable under
Section 30(a), 47 of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 106.200 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery has been made from vehicle in question and the
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petitioner has no role at all in the present occurrence. He further
submits that seizure list witnesses are police personnel so there
is non-compliance of Section 103 and 105 of BNSS. He further
submits that similarly situated co-accused, namely, Raushan
Kumar @ Roshan Kumar has been granted the privilege of bail
by this Court vide order dated 06.04.2026 in Cr. Misc. No.
22236 of 2026. The petitioner is in custody since 24.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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-2nd(Excise), Purnia in connection with Excise
Sadar P.S. Case No. 130 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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