Patna High Court

Nikku KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to a bond of Rs.15,000 and two sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Nikku Kumar, feared arrest in a case (PS No. 283 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 45 litres of illicit liquor were seized from a motorcycle. He contended that his name was only mentioned by a co‑accused and that he neither owned the motorcycle nor had any involvement, emphasizing his clean record and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail application. The Court examined the prima facie weakness of the prosecution’s case and, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, ordered that the petitioner be released on anticipatory bail upon furnishing a Rs.15,000 bond with two sureties, subject to the usual conditions. The order effectively granted the bail petition.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case arising under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution has established a prima facie case against the petitioner sufficient to deny 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 482(2)
Section 103
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88539 of 2025
                   Arising Out of PS. Case No.-283 Year-2025 Thana- NAVINAGAR District- Aurangabad
                 ======================================================
                 Nikku Kumar S/O Sumer Singh R/O Village- Dhanauti, P.S.- Navinagar,
                 Distt.- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Mukul Kumari, Adv.
                 For the Opposite Party/s :      Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Nabinagar PS Case No. 283 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.      The prosecution case, in short, is that total 45 litres

                   of country made liquor was recovered from motorcycle.

                           4.      Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by the apprehended co-accused person.

                   Learned counsel further submitted that petitioner is not the
           Patna High Court CR. MISC. No.88539 of 2025(2) dt.15-01-2026
                                                       2/2




                     owner of the said motorcycle and has got no concern with the

                     alleged recovery of liquor. Learned counsel for the petitioner,

                     therefore, contends that prima-facie no case is made out against

                     the petitioner. The petitioner has no criminal antecedent. There

                     is no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.

                             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 Nabinagar PS Case

                     No. 283 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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