Patna High Court
Nandkishor Kumar @ Nandkishor SahaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that the petitioner is eligible for regular bail and ordered his release on bail.
Summary
The petitioner, Nandkishor Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 200 litres of country‑made liquor, five gas cylinders and a bhatti chulha. He contended that he was falsely implicated, that there were no independent witnesses to the seizure, and that similarly situated co‑accused had already been granted regular bail. The State opposed the bail application. The court examined the FIR, seizure list and the earlier bail orders granted to the co‑accused, and found no material distinction justifying continued detention. Consequently, the court granted regular bail on the condition of a bail bond of Rs. 10,000 with two sureties, directing release pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the alleged seizure of illicit liquor and equipment.
- Whether the absence of an independent witness to the seizure list and the grant of bail to co‑accused affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- regular bail
- prohibition law
- excise
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44364 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- HARSIDHI District- East Champaran
======================================================
Nandkishor Kumar @ Nandkishor Sahani, aged about 35 years, Male, Son of
Late Sipahi Sahni, Resident of village - Damobriti, P.S.- Harsidhi, District -
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Harsidhi P.S. Case No. 135 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per allegation in the FIR, total 200 litres of
country made liquor, 05 gas cylinder and 01 Bhatti Chulha has
been recovered from the place of occurrence (Damoviriti Sareh).
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case only on the basis of
suspicion. He submits that there is no independent witness of
the seizure list. He further submits that similarly situated co-
Patna High Court CR. MISC. No.44364 of 2026(2) dt.08-07-2026
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accused persons namely Rahul Sahani and Nandu Sahani have
been granted regular bail by a Co-ordinate Benches of this Court
in Cr. Misc. Nos.52311 of 2025 and 51547 of 2025 vide orders
dated 07.08.2025 and 30.07.2025, respectively. Petitioner is in
custody since 09.04.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned Exclusive Special Excise Court No. 1, East
Champran, Motihari dated 04.05.2026, it appears that petitioner
is named in the FIR. From perusal of the records, it appears that
on the basis of written report of the informant, FIR has been
registered under Section 30(a) of the Bihar Prohibition and
Excise Act against the above named petitioner and the allegation
is recovery of total 200 litres of country made liquor, 05 gas
cylinder and 01 Bhatti Chulha from the Damoviriti Sareh.
Petitioner is in custody since 09.04.2026, no any independent
witness of the seizure list and similarly situated Co- accused
persons namely Rahul Sahani and Nandu Sahani have been
granted regular bail by a Co-ordinate Benches of this Court in
Cr. Misc. Nos.52311 of 2025 and 51547 of 2025 vide orders
dated 07.08.2025 and 30.07.2025, respectively, so considering
Patna High Court CR. MISC. No.44364 of 2026(2) dt.08-07-2026
3/3
all these aspects of the case and submission of learned counsel
for the petitioner, I am inclined to grant regular bail to the above
named petitioner.
7. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be released
on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No. 1,
Civil Court, East Champaran at Motihari, Bihar in connection
with Harsidhi P.S. Case No. 135 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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