Patna High Court
Nitish kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that the petitioner is entitled to anticipatory bail, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case (Khushrupur P.S. Case No. 301 of 2020) under Section 30(a) of the Bihar Prohibition and Excise Act, where 1623.045 litres of liquor were seized from a co‑accused's premises, vehicle and motorcycle. He contended that he was falsely implicated, had no connection with the seized property, and possessed no criminal antecedent. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, rendering the case prima facie weak. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition of a Rs.15,000 bond and two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, justifies granting anticipatory bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 103
- Section 482
- false implication
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6336 of 2026
Arising Out of PS. Case No.-301 Year-2020 Thana- KHUSRUPUR District- Patna
======================================================
Nitish kumar S/O Surendra Prasad @ Surendra Singh R/O Vill.- Habatpur,
P.S- Khushrupur,Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mickey Singh, Advocate
For the Opposite Party/s : Ms.Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner apprehends his arrest in connection
with Khushrupur P.S. Case No. 301 of 2020, instituted for the
offences under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total
1623.045 litres of liquor was recovered from the house of co-
accused as also from one auto and one motorcycle.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case.
The local chowkidar has disclosed the name of the petitioner.
The petitioner has got no concern with the alleged house, auto
and motorcycle. The petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.6336 of 2026(2) dt.03-02-2026
2/2
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023. Learned counsel for the
petitioner, therefore, contends that prima-facie no case is made
out against the petitioner.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Khushrupur P.S.
Case No. 301 of 2020, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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