Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail, directing his release on bond subject to statutory conditions.
Summary
The petitioner, Nitesh Kumar, was arrested along with co‑accused while returning from Nepal on a motorcycle, from which 153 litres of Nepali liquor was seized. He was charged under Sections 274, 275, 3(5) of the Bihar Narcotic Substances (BNS) Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that no incriminating material was found on him, he had no ownership of the motorcycle, and he possessed a clean antecedent, having been in custody since 15‑04‑2026. The State opposed the bail application. Considering the circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNS Act. The bail order also stipulated the presence of a close relative as a bailor and cancellation provisions for non‑appearance.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged possession of large quantities of illicit liquor.
- Whether the petitioner’s clean antecedent and lack of direct evidence warrant release on bail under Section 480(3) of the BNS Act.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 274, 275, 3(5), 480(3)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- cross‑border smuggling
- clean antecedent
- Section 480(3)
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32373 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- BASOPATTI District- Madhubani
======================================================
Nitesh Kumar S/o Ashok Kumar Yadav R/o vill - Kataiya, P.S.- Basopatti,
Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
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.
2. In the present case, the petitioner seeks bail in
connection with Basopatti P.S. Case No. 108 of 2026, registered
for the offences under Sections 274, 275, 3(5) of the BNS and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, petitioner and
coaccused were apprehended while coming from Nepal to India
on motorcycle and from the motorcycle of this petitioner
recovery of 153 litre of country made Nepali liquor was made.
From the motorcycle of coaccused recovery of 153 litre of
country made Nepali liquor was made.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
Patna High Court CR. MISC. No.32373 of 2026(2) dt.12-05-2026
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falsely implicated in this case. Nothing incriminating has been
recovered from person or possession of this petitioner. The
petitioner has no concern with the motorcycle from which the
alleged recovery has been made. Learned counsel further
submits that the petitioner is having clean antecedent and he is
in custody since 15.04.2026.
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
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 Judge Excise, Madhubani/concerned
court, in connection with Basopatti P.S. Case No. 108 of 2026,
subject to the condition laid down under Section 480(3) of the
BNSS and other following conditions:
(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
Patna High Court CR. MISC. No.32373 of 2026(2) dt.12-05-2026
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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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