Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Nitish Kumar, was arrested as the driver of a pick‑up vehicle from which 293.44 litres of liquor were seized, leading to charges under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the contraband, that no incriminating material was found in his possession, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The Court considered the lack of direct evidence against the petitioner, his clean antecedents, and the duration of his custody since 17‑10‑2025. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused driver in a case involving alleged possession of liquor under the Bihar Prohibition and Excise Act.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8549 of 2026
Arising Out of PS. Case No.-422 Year-2025 Thana- BAISI District- Purnia
======================================================
Nitish Kumar Son of Dev Krishna Yadav Resident of village Rahta, P.S.-
Kumarkhand, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr.Madan Kumar, 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 Baisi P.S. case No.
422 of 2025 instituted for the offences under Section 30(a),
41 and 47 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 293.440
liters liquor was recovered from pick-up vehicle 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.
Patna High Court CR. MISC. No.8549 of 2026(2) dt.11-02-2026
2/3
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that the petitioner is driver
of the vehicle in question and he had no knowledge
regarding nature of goods kept in the vehicle. The petitioner
is in custody since 17.10.2025 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 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 Baisi P.S.
case No. 422 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member
of the family of the petitioner.
(II) The petitioner shall appear on each and every
Patna High Court CR. MISC. No.8549 of 2026(2) dt.11-02-2026
3/3
date fixed at the trial. In case of default in such appearance
on two consecutive dates, the Trial Court will have liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…