Patna High Court

Nitish Kumar @ Nitesh KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail in a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for possession of 355.5 litres of illicit liquor recovered from a vehicle. The prosecution alleged that the petitioner fled when police arrived based on secret information and was identified by a local chowkidar. The petitioner contended that he was falsely implicated, not the owner of the vehicle or the seized liquor. The court examined the claim of non‑ownership and the lack of direct evidence linking the petitioner to the contraband. Considering these factors, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail subject to a bond and sureties.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2016.
Whether the petitioner’s claim of non‑ownership of the vehicle and liquor negates the likelihood of his involvement.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the grant of anticipatory bail in these circumstances.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

anticipatory bail
prohibition law
excise
identification
vehicle ownership
illicit liquor seizure
Section 30(a)
Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7855 of 2026
                       Arising Out of PS. Case No.-141 Year-2025 Thana- PUSA District- Samastipur
                 ======================================================
                 Nitish Kumar @ Nitesh Kumar S/o Sunil Kumar Ray @ Pannu Ray @ Sunil
                 Kumar @ Sunil Kumar Mahto R/o Vill- Mahamadpur Birauli, P.S- Pusa, Dist-
                 Samastipur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amar Kumar Singh
                 For the Opposite Party/s :       Ms.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026         1.   Heard learned Counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application for grant of anticipatory bail arises out of

                            Pusa Police Station Case No. 141 of 2025, dated

                            19.12.2025, disclosing offence under Section 30(a) of the

                            Bihar Prohibition and Excise Act, 2016.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 18.12.2025, on the basis of secret information,

                            the police reached near the orchard and on seeing the

                            police, the accused persons started fleeing away and

                            succeeded in the same. The local Chowkidar identified

                            them as the petitioner and other accused persons. On

                            search, 355.5 litres of illicit liquor was recovered from
Patna High Court CR. MISC. No.7855 of 2026(2) dt.17-02-2026
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                   XUV-700 vehicle, having registration no. DL11CA/2277.

              4.   Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   this case on the basis of secret information and

                   identification by the local Chowkidar. He further submits

                   that the petitioner is not the owner of the vehicle in

                   question and/or the seized liquor.

              5.   Regards being had to the submission advanced on behalf

                   of the parties concerned and taking into consideration the

                   fact that the petitioner is not the owner of the vehicle in

                   question, from where illicit liquor has been recovered, I

                   am inclined to grant the petitioner privilege of

                   anticipatory bail.

              6.   This application is, accordingly, allowed.

              7.   Let the petitioner, above named, in the event of his arrest

                   or surrender before the Court below within four weeks, be

                   released on bail on furnishing bail bond of Rs. 10,000/-

                   (ten thousand) with two sureties of the like amount each

                   to the satisfaction of learned Exclusive Special Excise

                   Court No. I, Samastipur, in connection with Pusa Police

                   Station Case No. 141 of 2025, subject to the condition

                   laid down under Section 482 (2) of the Bharatiya Nagarik
            Patna High Court CR. MISC. No.7855 of 2026(2) dt.17-02-2026
                                                        3/3




                              Suraksha Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √

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