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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the recovery of illicit liquor was not made from the petitioner's possession and therefore granted anticipatory bail subject to conditions.

Summary

The petitioner, Nitish Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 172.8 litres recovered from the house of Kamlesh Yadav. The petitioner contended that his name was implicated out of animosity with the informant, that he was not a tenant of the premises, and that the liquor was not in his conscious possession. He also highlighted that he was already on bail in another criminal case and sought anticipatory bail. The Additional Public Prosecutor opposed the bail, but the court observed that the recovery did not appear to be from the petitioner's possession and that the allegations might be mala fide. Consequently, the court directed that the petitioner be released on bail if arrested within four weeks, subject to a bond of Rs.10,000 and two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations under the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the recovery of illicit liquor establishes a prima facie case of possession against the petitioner.
  • Whether the allegations are motivated by personal animosity and thus warrant bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Section 30
  • Bihar Prohibition Act
  • CrPC
  • BNSS
  • mala fide allegations
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.33689 of 2026
                      Arising Out of PS. Case No.-99 Year-2026 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Nitish Kumar S/O Pardesi Ram R/O Mohalla - Ambedkar Nagar, Harnaut,
                 P.S- Harnaut, Dist- Nalanda

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr.Suryakant Kumar, Advocate
                 For the Opposite Party :        Mr.Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   29-06-2026                    Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Harnaut P.S.

                   Case No.99 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise Amendment Act, 2022.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 172.8 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely out

                   of animosity with the informant, namely, Kamlesh Yadav. It
Patna High Court CR. MISC. No.33689 of 2026(3) dt.29-06-2026
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          is also submitted that the recovery of illicit liquor was made

          from the house of Kamlesh Yadav, who claims that petitioner

          is a tenant of that house where the recovery of alleged liquor

          was made. It is also submitted that petitioner is not the

          tenant of Kamlesh yadav, as such, there is no documentary

          evidence available for the same. It is also submitted that

          recovery of illicit liquor was not made from conscious

          possession of this petitioner. Explaining criminal antecedent,

          it is submitted that the petitioner found involved in one

          criminal case, where he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, accordingly, the petitioner, above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released

          on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
               Patna High Court CR. MISC. No.33689 of 2026(3) dt.29-06-2026
                                                           3/3




                         satisfaction of the learned Court of District and Additional

                         Sessions Judge- V cum Special Judge, Excise- I, Biharsharif,

                         Nalanda, in connection with Harnaut P.S. Case No.99 of

                         2026, subject to the conditions as laid down under Section

                         438(2) of the CrPC/under Section 482(2) of the BNSS.


                                                              (Chandra Shekhar Jha, J.)

aniket/-

U          T


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