Patna High Court

Nitish Kumar Sharma @ Nitash Kumar SharmaversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that, given the petitioner’s clean antecedent, lack of incriminating material in his possession and the circumstances of the case, bail should be granted.

Summary

The petitioner, Nitish Kumar Sharma, was arrested after 576 litres of liquor were recovered from a vehicle and was charged under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the vehicle, had no knowledge of the liquor, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner highlighted his clean antecedent and lack of compliance with Section 103 of the B.N.S.S. for bail. The Court, considering the facts, the petitioner’s clean record and the short period of custody, decided to grant bail. He was released on a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under the offences charged under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act.
Whether the requirements of Section 103 of the Bharatiya Nyaya Sanhita, 2023 for bail are satisfied.
Whether the petitioner poses a risk of flight or tampering with evidence warranting denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 3(5)

Subjects

bail
criminal procedure
possession of liquor
prohibition law
clean antecedent
Section 103
Bharatiya Nyaya Sanhita
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8420 of 2026
                      Arising Out of PS. Case No.-165 Year-2025 Thana- BHAIRAVSHTHAN District-
                                                       Madhubani
                 ======================================================
                 Nitish Kumar Sharma @ Nitash Kumar Sharma Son of Hareram Sharma @
                 Hareram Thakur Resident of Village- Atari, Ward No. 06, P.S.- Laukahi,
                 District- Madhubani, Bihar

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr.Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Bhairavsthan P.S. case

                   No. 165 of 2025 instituted for the offences under Sections 274,

                   275, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 576 liters

                   liquor was recovered from car and the petitioner was arrested

                   on spot.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case.       No incriminating material has been recovered

                   from the conscious possession of the petitioner. The petitioner
           Patna High Court CR. MISC. No.8420 of 2026(2) dt.11-02-2026
                                                       2/2




                     has got no concern with the alleged recovery of liquor. It is

                     further submitted that the petitioner is neither owner nor driver

                     of the vehicle but was sitting by the side of the driver and he had

                     no knowledge regarding the nature of goods kept in vehicle. The

                     petitioner is in custody since 13.12.2025 and has got no criminal

                     antecedent. There is no compliance of Section 103 of B.N.S.S.,

                     2023.

                                 5. Learned A.P.P. 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, clean antecedent                and the period of custody

                     undergone by the petitioner, this Court is inclined to grant bail

                     to the petitioner.

                                  7. Let the petitioner be released on 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 Bhairavsthan P.S.

                     case No. 165 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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