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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail, subject to bond and conditions, as he lacks ownership of the vehicle and has a clean antecedent.

Summary

The petitioner, Nitish Kumar, a driver, was arrested in connection with a seizure of 250.56 litres of foreign liquor concealed in a pick‑up vehicle during a police check, alleged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, was not the vehicle owner, and was falsely implicated, emphasizing his clean antecedent and that the co‑accused Kishan Kumar had already been granted bail. The State opposed bail, but the court considered the petitioner’s lack of ownership, the grant of bail to the co‑accused, and the length of his custody since 26‑02‑2026. Accordingly, the court ordered his release on bail with a bond of Rs 10,000 plus two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required the petitioner’s presence on court dates and stipulated cancellation if he absented for three consecutive dates. The decision reflects the court’s application of bail principles in non‑violent, low‑risk offenses.

Issues considered

  • Whether the petitioner, a driver with no ownership interest, is entitled to bail for alleged offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and the grant of bail to the co‑accused justify his release on bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • clean antecedent
  • co‑accused bail
  • vehicle driver

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30429 of 2026
                      Arising Out of PS. Case No.-25 Year-2026 Thana- LACHHUAR District- Jamui
                 ======================================================
                 Nitish Kumar S/O Late Ateran Rai R/O Vill.- Bariyedhu, P.S.- Mufassil, Dist.-
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bipin Kumar, Advocate
                 For the Opposite Party/s :      Mr.Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   11-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Lachhuar P.S. Case No. 25 of 2026, registered

                   for the offences under Sections 30(a)/32 of the Bihar Prohibition

                   and Excise Case.

                                3. As per the prosecution case, during checking of

                   vehicles, a pick-up vehicle being driven by the driver was

                   stopped and on search of the vehicle recovery of 250.56 litres of

                   foreign liquor was made concealed in the chicken fodder bags.

                   Coaccused Kishan Kumar was also apprehended sitting in the

                   vehicle.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and has been
Patna High Court CR. MISC. No.30429 of 2026(2) dt.11-05-2026
                                            2/3




          falsely implicated in this case. The petitioner is driver of the

          vehicle and he has no knowledge about the liquor kept in the

          vehicle. Petitioner is not the owner of the said vehicle and he

          has been driving the vehicle on the instructions of the owner of

          the vehicle. Learned counsel further submits that the coaccused

          Kishan Kumar has been granted bail by a Coordinate Bench of

          this Court vide order dated 05.05.2026 passed in Cr. Misc. No.

          29831 of 2026. The petitioner is in custody since 26.02.2026.

          The petitioner has clean antecedent.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          grant of bail to coaccused and also considering the period of

          custody of the petitioner and his clean antecedent, the petitioner

          is directed to be released on bail, on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

          of the like amount each to the satisfaction of learned Exclusive

          Special & Excise Court-1, Jamui/concerned court, in connection

          with Lachhuar P.S. Case No. 25 of 2026, subject to the

          condition laid down under Section 480(3) of the BNSS and

          other following conditions:
             Patna High Court CR. MISC. No.30429 of 2026(2) dt.11-05-2026
                                                         3/3




                                               (i) One of the bailors will be a close

                                               relative of the petitioner.

                                               (ii) The petitioner will remain present on

                                               each and every date fixed by the court

                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               consecutive dates or in violation of the

                                               terms of the bail, the bail bond of the

                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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