Patna High Court
Nitesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41
- Criminal Procedure Code — s. 100
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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