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Patna High Court

Nitish Kumar @ Nitesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, holding that the recovery did not demonstrate conscious possession.

Summary

The petitioners, Nitish Kumar and Lallu Yadav, were named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (amended 2022), with 283 litres of liquor recovered. They contended that the liquor was found in an open field and not in their conscious possession, and highlighted that they were already on bail in another criminal case. The Additional Public Prosecutor opposed their request for anticipatory bail. The court examined whether the recovery amounted to possession sufficient to deny bail and considered the applicability of anticipatory bail provisions. Finding that the recovery did not demonstrate conscious possession, the court directed that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the recovery of illicit liquor from an open field constitutes conscious possession sufficient to deny anticipatory bail.
  • Whether anticipatory bail can be granted under Section 438(2) of the CrPC in a case under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • Section 30(a)
  • CrPC Section 438
  • BNSS Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36543 of 2026
                       Arising Out of PS. Case No.-170 Year-2026 Thana- MASAUDHI District- Patna
                 ======================================================
           1.     Nitish Kumar @ Nitesh Kumar, S/o Rakesh Prasad @ Ravindera Yadav,
           2.     Lallu Yadav @ Lallu Kumar, S/o Devnandan Yadav, Resident of
                  Village/Mohalla- Salempur, P.S.- Kadhauna, District- Jehanabad
                                                                               ... ... Petitioners
                                                    Versus
                 The State of Bihar                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satish Kumar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-06-2026                  Heard learned counsel for the petitioners and learned

                    Additional Public Prosecutor for the State.

                                2. Both accused/petitioners are named in the FIR

                    and apprehending their arrest in connection with Masaurih P.S.

                    Case No.170 of 2026 registered under Section 30(a) of the

                    Bihar Prohibition and Excise Act, 2016 and Amendment Act,

                    2022.

                                3. Allegation against petitioners is to engage in illegal

                    trade/manufacturing of illicit liquor, where there is recovery of

                    283 liters of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                    petitioners that recovery of illicit liquor was made from the

                    open field, where petitioners were implicated with present

                    recovery out of old enmity and litigation between the parties
           Patna High Court CR. MISC. No.36543 of 2026(2) dt.08-06-2026
                                                       2/2




                     and also due to police suspicion. It is pointed out that the

                     petitioners are involved in one more criminal case, where they

                     are on bail.

                                  5. Learned APP opposed the prayer of anticipatory

                     bail to the petitioners.

                                  6. In view of aforesaid factual submissions and by

                     taking of note of fact as recovery of illicit liquor prima facie not

                     appears to be made from conscious physical possession of

                     petitioners, rather from an open field, accordingly, both above-

                     named petitioners, in the event of their arrest or surrender in

                     the court below within a period of four weeks from today, are

                     directed to be released on bail on furnishing bail bond of

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

                     the like amount each to the satisfaction of the learned Special

                     Judge Excise-III, Patna in connection with Masaurih P.S. Case

                     No.170 of 2026, subject to the conditions as laid down under

                     Section 438(2) of the CrPC/under Section 482(2) of the

                     BNSS.


                                                 (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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