Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners with a bond and sureties, subject to a condition of non‑repetition.
Summary
The petitioners, four individuals, were charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act for allegedly being involved in the unloading of 800 litres of illicit country‑made liquor seized from a motor boat. They contended that they were summoned by a co‑accused, had no knowledge of the liquor, were not the driver or owner, and that no liquor was recovered from their possession; they also argued that the seizure did not comply with Section 105 of the BNSS and that they have no prior criminal record. The State opposed the bail application. After hearing both sides, the Court granted regular bail to the petitioners on a bond of Rs 10,000 with two sureties, subject to the condition that they not commit a similar offence in the future.
Issues considered
- Whether the petitioners are entitled to regular bail despite being charged under the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in making the seizure affects the bail decision.
- Whether lack of knowledge, ownership, and prior criminal antecedent justify granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56(b)
Subjects
- regular bail
- excise offence
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 105
- seizure procedure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34393 of 2026
Arising Out of PS. Case No.-2276 Year-2026 Thana- Excise P.S. District- Patna
======================================================
1. Nitish Kumar S/o Amarnath Rai Resident of Rajasan, P.S.- Vidupur, District-
Vaishali
2. Santosh Kumar S/o Kishandev Rai R/o Marufganj, Patthar Ghat, P.S.-
Malsalami, District- Patna
3. Randheer Kumar S/o Suresh Rai R/o Chandpura, P.S.- Raghopur, District-
Vaishali
4. Pintu Kumar @ Nanki Kumar S/o Vishun Rai R/o Marufganj, Patthar Ghat,
P.S.- Malsalami, District- Patna
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai, Advocate.
For the Opposite Party/s : Mr. Madhuri Lata, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in
connection with Excise(Patna) P.S. Case No. 2276 of 2026
registered under Sections 30(a), 41 & 56(b) of Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from a
Motor Boat altogether 800 litres of illicit country made liquor
was recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.34393 of 2026(2) dt.19-05-2026
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petitioner has submitted that petitioners were called by one co-
accused Suraj Kumar for unloading the same. The petitioners
were not knowing regarding the illicit liquor. Petitioners were
neither the driver nor the owner of the said vehicle and nothing
has been recovered from the possession of the petitioners.
Learned counsel for the petitioners has further submitted that the
witnesses of the seizure list are police personnel and police have
not complied Section 105 of the BNSS while making seizure.
Learned counsel for the petitioners has further submitted that the
petitioners have got no criminal antecedent. They are in judicial
custody since 10.04.2026.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail with the condition
that the petitioners shall not indulge themselves in similar
nature of offence in future. The above named petitioners are
directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rs. ten thousand only) with two sureties of the like
amount each to the satisfaction of the court of learned Special
Judge, Excise-III, Patna, in connection with Excise (Patna) P.S.
Patna High Court CR. MISC. No.34393 of 2026(2) dt.19-05-2026
3/3
Case No.2276 of 2026.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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