Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Narcotic and Substance (BNSS) Act — s. 480(3)
- Bihar Prohibition and Excise Act — s. 30(a), 32
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
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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
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(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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