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Patna High Court

Nitesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Nitesh Kumar Singh, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case involving the alleged recovery of 291.375 litres of foreign liquor from the dicky of his Hyundai car. The prosecution alleged that the liquor was seized during a raid, and the petitioner claimed he had no knowledge of the recovery and that procedural requirements under Section 100 of the Criminal Procedure Code were not complied with. No counsel appeared for the petitioner despite multiple notices, while the State was represented by Advocate Kalyan Shankar. The court examined the inconsistencies, including the vehicle’s registration in West Bengal and the seizure occurring in Bihar, and found no satisfactory explanation. Consequently, the court declined to grant anticipatory bail, rejecting the petition.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in the present circumstances.
  • Whether the alleged non‑compliance with Section 100 of the Cr.P.C. affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • foreign liquor seizure
  • Section 100 CrPC
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35877 of 2026
                   Arising Out of PS. Case No.-120 Year-2024 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Nitesh Kumar Singh Son of Sanjay Singh Resident of Krishnapuri Colony,
                 P.S- Chas, Dist- Bokaro, Jharkhand- 827013

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       None
                 For the Opposite Party/s :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-06-2026                  The Court proceeding is being conducted through

                   virtual mode.

                                2. No one appears on behalf of the petitioner even

                   after repeated calls in spite of the fact that there are name of four

                   Counsels on record, namely, Prakash Kumar, Manoranjan

                   Kumar, Rudra Pratap Singh and Aditya Pratap. However,

                   learned Counsel for the State is present.

                                3. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioner who apprehends arrest

                   in connection with Sheikhpura P.S. Case No. 120 of 2024,

                   lodged on 25.02.2024, for the offences punishable under

                   Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise
Patna High Court CR. MISC. No.35877 of 2026(2) dt.01-06-2026
                                            2/3




          Act.

                       4. As per the prosecution, total recovery of 291.375

          litres of foreign liquor has been made which is the subject

          matter of the present case.

                       5. From the record it transpires that the present

          anticipatory bail application has been filed for apprehension of

          arrest of the petitioner, who is alleged to be the owner of

          Hyundai car, and from the dicky of the said car total recovery of

          664 bottles wine of foreign liquor, quantity 291.375 litres, have

          been recovered in presence of the police party. Plea has been

          taken that no one was arrested and nothing was recovered from

          the conscious physical position of the petitioner. This point has

          also been taken that the petitioner has noting to do with the

          alleged recovery of 291.375 litres illicit foreign liquor and

          seizure list was not prepared in presence of the independent

          witnesses but the witnesses were the members of the raiding

          team.

                       6. Further plea has been taken that compliance of

          Section 100 of Cr.P.C. has not been taken place. The petitioner

          who is the owner of the seized vehicle from which said illicit

          liquor was recovered but has no concern with the transport of

          the illicit liquor from his vehicle.
             Patna High Court CR. MISC. No.35877 of 2026(2) dt.01-06-2026
                                                         3/3




                                    7. Learned Counsel for the State submits that recovery

                       has been made from the dicky of the said vehicle and situation

                       has been explained in the FIR under which the police party

                       became the witness on the seizure. Counsel for State further

                       submits that there is no where explained in the petition about

                       circumstance under which the recovery has been made from the

                       vehicle of the petitioner and how the said vehicle which was

                       registered at West Bengal has been recovered from Bihar’s

                       Sheikhpura district.

                                    8. In the present facts and circumstances that the

                       vehicle is registered at West Bengal, owner has given his

                       address of Bokaro (Jharkhand) and recovery of the said vehicle

                       was made from Sheikhpura and there is no explanation for the

                       same. This Court is not inclined to grant anticipatory bail to the

                       petitioner. Hence, this anticipatory bail application is rejected.



                                                                            (Dr. Anshuman, J)
    Mkr./Bipin/-

U        T


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