Patna High Court
Nitish Kumar @ Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Nitish Kumar was arrested on 8 April 2026 in connection with an excise case involving the seizure of 469.560 litres of foreign liquor from a vehicle, alleged to be offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioner claimed he had no conscious possession of the liquor, possessed a clean antecedent, and argued that the seizure was not made in compliance with Sections 103 and 105 of the BNSS, rendering the charge sheet defective. He applied for bail, which was opposed by the State. The High Court, after considering the facts and the petitioner’s submissions, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged procedural lapses in seizure and charge sheet preparation.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS affects the validity of the charges under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
- BNSS — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- seizure
- procedural lapse
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32234 of 2026
Arising Out of PS. Case No.-217 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
Nitish Kumar @ Nitesh Kumar Son of Lalbabu Ray Resident of Village-
Mirza Nagar ward No. 7, P.S.- Mahuwa, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aashish Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Aashish Kumar, learned counsel for the
petitioner and Mr. Rajendra Prasad Nat, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.04.2026 in connection with Excise P.S. Case No. 217/2026,
F.I.R. dated 07.04.2026 for the offences punishable under
Section 30(a) and 47 of the Bihar Prohibition and Excise Act.
3. Recovery is of 469.560 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. The
Patna High Court CR. MISC. No.32234 of 2026(2) dt.08-05-2026
2/3
seizure list witnesses are police personnel and there is non-
compliance of Sections 103 and 105 of the BNSS. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
08.04.2026.
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 Excise Court No. 2, Purnea in connection with Excise
P.S. Case No. 217/2026, 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
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
Patna High Court CR. MISC. No.32234 of 2026(2) dt.08-05-2026
3/3
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)
atul/-
U T
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