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Patna High Court

Nitesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.33883 of 2026(2) dt.20-05-2026
                                                       3/3




                     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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