Patna High Court
Nilesh Kumar @ Nilesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail, subject to conditions, as the alleged recovery does not conclusively link him to the contraband and procedural lapses exist.
Summary
The petitioner, Nilesh Kumar, was arrested with 21 litres of foreign liquor on a motorcycle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was recovered from a vehicle not owned by him, that no incriminating material was found on his person, and that procedural violations of the Bihar Negotiable Sale (BNSS) rules occurred. The State highlighted his antecedent of three cases, two of which were of a similar nature, and opposed bail. After considering the facts, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions under Section 480(3) of the BNSS and additional personal surety requirements. The petitioner was ordered to appear on all court dates and warned that non‑compliance would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the quantity of liquor seized and his antecedent cases.
- Whether alleged procedural violations of the BNSS affect the grant of bail.
- Whether the recovery of liquor from a motorcycle not owned by the accused is sufficient to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- prohibition
- excise
- foreign liquor
- Section 30(a)
- Section 480(3)
- antecedent cases
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31821 of 2026
Arising Out of PS. Case No.-312 Year-2026 Thana- BHAGWAN BAZAR District- Saran
======================================================
Nilesh Kumar @ Nilesh Ray S/o- Ramesh Ray @ Ramesh Rai R/o Village-
Ajaybganj P.S. Bhagwan Bazar District-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raushan Raj
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bhagwan Bazar P.S. Case No. 312 of 2026
registered for the alleged offences under Section 30(a) of Bihar
Prohibition and Excise Act.
03. As per prosecution case, the petitioner and other
co-accused persons were found carrying 21 litres of foreign
liquor on a motorcycle when both of them were apprehended by
the police party.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and nothing incriminating has been recovered from his
Patna High Court CR. MISC. No.31821 of 2026(2) dt.12-05-2026
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person or possession. The seizure list witnesses are police
officials and there is violation of mandatory provisions of
BNSS. The alleged recovery has been shown from the
motorcycle but the said motorcycle does not belong to the
petitioner. The petitioner is having antecedent of three cases and
he is on bail in all the cases. The petitioner is in custody since
10.04.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the petitioner
is having antecedent of three cases and two cases are of similar
nature.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
quantity of liquor recovered and period of custody of the
petitioner, the petitioner above named is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned 1st Exclusive Special Excise Judge, Saran at Chapra
/concerned Court in connection with Bhagwan Bazar P.S. Case
No. 312 of 2026, subject to the conditions mentioned in Section
480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative
Patna High Court CR. MISC. No.31821 of 2026(2) dt.12-05-2026
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of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court below.
(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)
DKS/-
U T
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