Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted as the petitioner was not shown to be the owner or driver and no incriminating material was found against him.
Summary
The petitioner, Nitish Kumar, was arrested after 238 litres of illicit liquor were recovered from a motorcycle. He filed a regular bail application, claiming he was neither the owner nor the driver of the vehicle and that no incriminating material linked him to the contraband. The State opposed the bail, alleging violation of Sections 30(a) and 47 of the Bihar Prohibition and Excise Amendment Act. The court examined the facts, noting the petitioner’s lack of direct connection to the seized liquor and his custody since 23 March 2026. Considering these circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, directing the petitioner to appear before the Exclusive Special Excise Judge‑2, Nawada.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bihar Prohibition and Excise Amendment Act in view of the alleged recovery of illicit liquor and alleged offences under Sections 30(a) and 47.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 47
Subjects
- regular bail
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 47
- illicit liquor
- excise law
- criminal procedure
- surety bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33041 of 2026
Arising Out of PS. Case No.-310 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Nitish Kumar S/o Ajay Prasad Yadav R/o vill - Hathochak, P.S.- Rajauli,
Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Sections 30(a) and 47 of the Bihar
Prohibition and Excise Amendment Act.
3. As per the prosecution case, 238 liters of illicit
liquor was recovered from the motorcycle .
4. Learned counsel for the petitioner submits that he is
innocent and has committed no offence. Petitioner is neither
owner nor driver of the seized motorcycle. No incriminating
material has been recovered from conscious possession of the
petitioner and he is no way connected with the aforesaid
recovery. Petitioner is in custody since 23.03.2026 .
Patna High Court CR. MISC. No.33041 of 2026(2) dt.15-05-2026
2/2
5. Learned A.P.P. for the State vehemently opposes the
bail application.
6. Considering the aforesaid facts and circumstances
of the case and period of custody, the bail application is allowed.
Let the above named petitioner 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 learned Exclusive Special
Excise Judge-2, Nawada in connection with Excise (Nawada)
PS Case No. 310 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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