NITISH KUMARversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 35663 of 2026
                     Arising Out of PS. Case No.-115 Year-2026 Thana- JANTA BAZAR District- Saran
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                 Nitish Kumar S/O Umesh Prasad R/O Village - Shiv Tola, Dandashpur, P.S-
                 Janta Bazar, District- Saran

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

                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :       Mr. Bishwajeet Singh, Adv.
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   02-06-2026                  Heard Mr. Bishwajeet Singh, learned Advocate for the

                   petitioner and Mr. Rana Randhir Singh, learned Additional

                   Public Prosecution for the State through virtual mode.

                                2. The petitioner apprehends his arrest in connection

                   with Janta Bazar P.S. Case No. 115 of 2026, registered for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Acting on a tip off, trafficking of illicit wine, the

                   police conducted a vehicle checking, however, noticing the

                   police party, three persons succeeded in fleeing away, whereas

                   one Manu Kumar Yadav, who was apprehended at the spot. In

                   course of raid, a Ford Free Style Titanium Car and motorcycle

                   were seized. From the afore-noted car, total 261 litres of foreign

                   liquor was recovered, whereas 43.200 litres of Indian made
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          foreign liquor was recovered from the motorcycle. The

          apprehended person disclosed the name of the petitioner and

          others who succeeded in fleeing away.

                       4. Learned Advocate for the petitioner submitted that

          the petitioner has neither any concern with the vehicles in

          question, which were seized at the time of raid, nor with the

          recovered illicit wine. The name of the petitioner has been

          implicated only on account of his past criminal antecedent of

          identical nature as has been disclosed in paragraph no. 3. There

          is complete defiance of Sections 103 and 105 of B.N.S.S.,

          moreover, during the course of investigation, no other cogent

          materials have collected suggesting the complicity of the

          petitioner in crime.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submits that a huge

          consignment of illicit wine was recovered from the vehicles

          which were seized by the police and the apprehended person

          disclosed the name of the petitioner; besides, he is carrying four

          criminal antecedents of identical nature.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the fact that the petitioner has neither any concern with the
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                      vehicle in question, nor with the illicit wine; besides, no

                      materials have collected during the course of investigation

                      which attracts the rigors provided under Section 76(2) of the

                      Bihar Prohibition and Excise (Amendment) Act, moreover,

                      criminal antecedent of a person cannot be the sole ground to

                      reject the prayer for anticipatory bail, unless there is other

                      cogent material, let the petitioner above named be released on

                      bail, in the event of his arrest or surrender before the court

                      below within a period of four weeks from the date of

                      receipt/production of a copy of this order, upon furnishing bail

                      bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                      of the like amount each to the satisfaction of the learned

                      Exclusive Special Excise Judge-III, Saran at Chapra in

                      connection with Janta Bazar P.S. Case No. 115 of 2026, subject

                      to the conditions laid down in Section 482(2) of the Bharatiya

                      Nagrik Suraksha Sanhita, 2023, with the further condition that

                      one of the bailors shall be the own/close family members of the

                      petitioner.



                                                  (Harish Kumar, J)
sadique/-

U      T