Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioners.
Summary
The petitioners, Nitesh Kumar and Raj Kumar Sahani, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 after 1,235.52 litres of English liquor were seized from a truck. They contended that they had no possession of the liquor, were not present at the scene, and had clean antecedents, arguing that their inclusion in the FIR was merely based on suspicion and village politics. The State opposed their regular bail, but the court noted the absence of any independent witness to the seizure and the petitioners' clean record. Considering these factors, the court inclined to grant regular bail. Consequently, the petitioners were released on bail upon furnishing a bond of Rs. 10,000 with two sureties each.
Issues considered
- Whether regular bail should be granted to accused persons under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 when the case is based primarily on suspicion and there is no independent witness to the seizure.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- seizure
- suspicion
- clean antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33883 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- PIPRAKOTHI District- East Champaran
======================================================
1. Nitesh Kumar, aged about 25 years, Gender-Male, Son of Bishwanath
Sahani @ Vishwanath Sahani, Resident of village- Chhota Bariyapur, P.S.-
Chhatauni, District- East Champaran.
2. Raj Kumar Sahani, aged about 30 years, Gender-Male, Son of Late Motilal
Sahani. Resident of Village - Harpurkrah, P.S.- Baniyapur, District- Saran
(Chhapra).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
APP for the State through virtual mode.
2. The petitioners seek bail in connection with
Piprakothi P.S. Case No. 91 of 2026, instituted for the offences
punishable under Section 30(a) of Bihar Prohibition and Excise
Act 2022.
3. As per allegation in the FIR, total 1235.52 litres of
English liquor has been recovered from a truck bearing
Registration No. JH02BM-9951.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence and
have falsely been implicated in this case merely on the basis of
Patna High Court CR. MISC. No.33883 of 2026(2) dt.20-05-2026
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dirty village politics. He submits that nothing incriminating
articles have been recovered from the conscious possession of
the petitioners or from their house. He further submits that the
petitioners have no concerned with the alleged occurrence as
well as seized liquor and truck. He next submits that nothing has
been recovered from the conscious possession of these
petitioners. He lastly submits that the petitioners were not
present at the place of occurrence. Petitioners have got clean
antecedent as stated in para 3 of the petition and he is in custody
since 21.02.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioners.
6. From perusal of the FIR and impugned order of the
learned Exclusive Special Excise Court No.1, Civil Court, East
Champaran at Motihari dated 21.04.2026, it appears that
petitioners are named in the FIR and their name transpired in
this case during the course of investigation only on the basis of
suspicion. On perusal of the records, it appears that petitioners
have got clean antecedent and they are in custody since
21.02.2026, so considering all these aspects of the case and
submission of learned counsel for the petitioners and there is no
independent witness of the seizure list, I am inclined to grant
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regular bail to the above named two petitioners.
7. Accordingly, the prayer for regular bail of the
above named two petitioners are allowed. Let the two
petitioners above named be released on regular bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Judge-1, East Champaran at
Motihari / concerned Court in connection with Piprakothi P.S.
Case No. 91 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr
U T
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