Patna High Court
Nippu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Nippu Kumar, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, with 1.485 litres of liquor recovered. The recovery was made from a hut and not from the petitioner's conscious possession; the allegation stemmed from a co-accused’s confessional statement. The petitioner, already on bail in three other cases, sought bail in this matter, while the Assistant Public Prosecutor opposed it. The court examined the factual matrix and noted the lack of direct possession, concluding that bail could be granted. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner under Section 482(2) of the BNSS in a case of alleged illicit liquor manufacturing under Section 30(a) of the Excise Act.
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30
- Section 482
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44955 of 2026
Arising Out of PS. Case No.-252 Year-2026 Thana- MANER District- Patna
======================================================
Nippu Kumar S/O Rajgir Rai @ Rajgir Prasad Resident of Village- Maner
Tola, PS- Maner, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoranjan Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Maner P.S. Case
No. 252 of 2026 registered for the offences punishable
under Section 30(a) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 1.485 litres of IMFL/country
made liquor.
4.Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made
from the hut, and admittedly the same is not recovered from
the conscious physical possession of the petitioner. It is
submitted that the name of the petitioner transpired on the
Patna High Court CR. MISC. No.44955 of 2026(2) dt.08-07-2026
2/2
basis of confessional statement of apprehended co-accused
person, namely, Deepu Kumar. It is further submitted that
petitioner found involved in three more criminal cases where
he is on bail.
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of illicit liquor prima-facie not
appears to be made from the conscious possession of the
petitioner, accordingly petitioner above-named, in the event
of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction
of the learned Spl. Judge, Excise, Danapur, Patna
/concerned Court, where the case is pending in connection
with Maner P.S. Case No. 252 of 2026, subject to the
conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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