Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail may be granted as the petitioner had no direct possession of the seized spirit, a clean antecedent, and the circumstances did not warrant continued detention.
Summary
The petitioner, Nitish Kumar, applied for bail in a case under Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 1,230 litres of raw spirit from his tractor. He argued that he has a clean antecedent, has been in custody since 6 May 2026, and was not arrested at the spot; the seized vehicle belonged to him but the contraband was not found in his conscious possession. The prosecution opposed bail, contending the seriousness of the offences. The court, after considering the petitioner’s lack of direct possession, clean record, and the circumstances of the seizure, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the case.
Issues considered
- Whether bail should be granted to an accused charged under the Bihar Prohibition and Excise Act when the alleged contraband was not found in his conscious possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(ii), 41(i)
Subjects
- bail
- prohibition and excise law
- vehicle seizure
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40813 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Nitish Kumar S/O Prahalad Sahni @ Pahlad Sahni R/O village - Chainpur, P.
S - Minapur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 32(ii), 41(i) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is in custody
since 06.05.2026 and allegation is of recovery of 1230 litres of
raw spirit from a tractor. It is next submitted that petitioner was
not arrested from the spot as such nothing was recovered from
his conscious possession and he came to be implicated based on
the fact that he is owner of the seized vehicle. It is next
submitted that no prudent person would use his own vehicle for
committing an occurrence and thus would create evidence
Patna High Court CR. MISC. No.40813 of 2026(2) dt.01-07-2026
2/2
against himself and hence would get implicated. It is also
submitted that the petitioner was completely unaware that his
driver would misuse his vehicle in the manner as alleged who
also fled from the spot.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs.5000/- (Rupees
five thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Rampurhari P.S.
Case No.213 of 2025.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.