Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that, given the petitioner’s lack of ownership of the vehicle, clean record, and the circumstances, bail should be granted under the specified provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Nitish Kumar, was apprehended in connection with a case alleging possession of 27 litres of country-made liquor recovered from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he neither owned the motorcycle nor had any involvement in the alleged possession and highlighted his clean criminal record. The State opposed bail, despite acknowledging the petitioner’s clean antecedent. The Court, after considering the facts, applied Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and the principles under Section 482(2) of the same Act, and ordered that the petitioner be released on bail upon furnishing a bond of ₹30,000. The bail order was conditioned on surrender within four weeks and compliance with the Exclusive Special Court, Excise‑II, Nawada.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nagrik Suraksha Sanhita, 2023 in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the recovery of liquor from a motorcycle implicates the petitioner who claims no ownership of the vehicle.
- Whether the petitioner’s clean criminal antecedent warrants bail despite the seriousness of the alleged offence.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition act
- excise
- criminal procedure
- virtual hearing
- clean antecedent
- ownership dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36167 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- RAJAOLI District- Nawada
======================================================
Nitish Kumar S/o Mohan Yadav R/o Village- Kangobigha,P.S.- Rajauli,
District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned Counsel for the petitioner and
learned APP for the State.
3. The petitioner is apprehending arrest in connection
with Rajauli P.S. Case No. 106 of 2026 registered on 26.02.2026
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
4. As per prosecution, total recovery of 27 liters
country made liquor, loaded on a motorcycle, is the subject
matter of the present case.
5. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. The alleged recovery has not been made from the
Patna High Court CR. MISC. No.36167 of 2026(2) dt.02-06-2026
2/2
possession of the petitioner rather it has been shown from two
motorcycles. The petitioner has a clean criminal antecedent.
Moreover, the petitioner is not the owner of the alleged
motorcycle from which the recovery was made.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
7. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Court,
Excise-II, Nawada, in connection with Rajauli P.S. Case No.
106 of 2026, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/Manshi
U T
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