Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.