Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, directing his release upon surrender with a bail bond and sureties.
Summary
The petitioner, Nitesh Kumar, was named in an FIR for alleged involvement in the illegal manufacture and trade of illicit liquor, with 20 litres of country-made liquor recovered. He contended that his name appeared only through disclosures by co‑accused and that no liquor was found in his physical possession, also asserting a clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the prima facie lack of direct possession and the petitioner’s clean record, and applied the provisions of Section 438(2) CrPC and Section 482(2) of the Bihar Narcotic Substances Act. Consequently, the court directed that the petitioner be released on bail upon surrendering within four weeks, subject to a bail bond of Rs.10,000 with two sureties. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail under Section 438(2) CrPC is warranted when the accused is not found in direct possession of the alleged illicit liquor.
- Whether the court can exercise its inherent powers under Section 482(2) of the Bihar Narcotic Substances Act to grant bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(4), 317(5), 3(5), 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- clean antecedent
- Section 438 CrPC
- Section 482 BNSS
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42794 of 2026
Arising Out of PS. Case No.-788 Year-2025 Thana- VAISHALI District- Vaishali
======================================================
Nitesh Kumar S/o Dinesh Ram R/o Vill. - Phuladh, Mansurpur, P.S. - Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Vaishali P.S. Case
No.788 of 2025 registered under Sections 317(4), 317(5),
and 3(5) of B.N.S. and 30(a) of Bihar Prohibition and Excise
(Amendment) Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 20 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner transpired on
Patna High Court CR. MISC. No.42794 of 2026(2) dt.07-07-2026
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the basis of disclosure made by apprehended co-accused
persons. It is also submitted that no country made liquor
was recovered from conscious possession of this petitioner.
It is further submitted that the seizure list also appears
doubtful being not supported by independent witnesses
rather than by police personnel. Petitioner claimed clean
antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Exclusive Court No. II Cum District and Additional
Session Judge, Hajipur at Vaishali, in connection with
Patna High Court CR. MISC. No.42794 of 2026(2) dt.07-07-2026
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Vaishali P.S. Case No.788 of 2025, 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.)
Aniket/-
U T
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