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Patna High Court

Nitesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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