Patna High Court

NISHANT KUMARversusThe State of Bihar

Decided: 18 February 2026
Disposal: ALLOWED
Bench: ALOK KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Nishant Kumar, sought anticipatory bail in connection with a case alleging possession of illicit foreign liquor under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution alleged that 116.1 litres of illicit liquor were recovered from the petitioner’s tempo, allegedly misused by the driver and passengers. The petitioner contended he had no knowledge of the liquor, was not present at the scene, and had no criminal antecedent. The State opposed the bail, arguing that the petitioner was named in the FIR. Considering the petitioner’s absence from the place of occurrence, clean record, and the material on record, the court granted anticipatory bail subject to a bail bond and sureties, under Section 482(2) of the Code of Criminal Procedure. The application was allowed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in a case involving alleged possession of illicit liquor under the Bihar Prohibition and Excise (Amendment) Act, 2018.
Whether the petitioner’s clean antecedent and non‑presence at the scene justify the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
Section 482 CrPC
clean antecedent
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8909 of 2026
                       Arising Out of PS. Case No.-85 Year-2025 Thana- BABURA District- Bhojpur
                 ======================================================
                 NISHANT KUMAR S/O TRILOKI NATH SINGH RESIDENT OF
                 VILLAGE - DHANDIHA, PS- KOILWAR, DIST- BHOJPUR

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumar Vikram, Advocate
                 For the Opposite Party/s :       Mr.Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Babura P.S. Case No. 85 of 2025, registered for

                   the offence punishable under Sections 30(a) and 41 of Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. As per prosecution-case, there is alleged recovery

                   of 116.1 illicit foreign liquor kept beneath the seat of the driver

                   and other places of tempo in question.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence as

                   alleged in the F.I.R. He further submits that the vehicle in

                   question has been given to the driver for carrying passengers

                   and petitioner has no knowledge about the alleged recovery. The
Patna High Court CR. MISC. No.8909 of 2026(2) dt.18-02-2026
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          tempo of the petitioner was allegedly misused by the driver

          Baddu Kumar and two passengers Dheeraj Kumar and Jeetan

          Kumar. Petitioner has nothing to do with the alleged occurrence.

          Petitioner was not found at the place of occurrence and he was

          not engaged in the illegal illicit liquor business. Apart from that

          petitioner has no criminal antecedent.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submits that petitioner is named in the F.I.R. and he cannot

          escape from the allegations made in the F.I.R.

                       6. Considering the facts and circumstances of the

          case, petitioner was not found at the place of occurrence,

          keeping in view clean antecedent of the petitioner, argument

          advanced on behalf of both sides and also taking into

          consideration the material available on record, the petitioner

          above-named, in the event of his arrest or surrender before the

          learned trial court within a period of six weeks from today, be

          released on anticipatory bail on furnishing bail-bond of

          Rs.10,000/- (rupees ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Excise Court No. 1st, Bhojpur, Ara in connection with Babura

          P.S. Case No. 85 of 2025, subject to the conditions as laid down
            Patna High Court CR. MISC. No.8909 of 2026(2) dt.18-02-2026
                                                        3/3




                      under Section 482(2) of the B.N.S.S.

                                      7. The application stands allowed.



                                              (Alok Kumar Pandey, J)

K.C.Jha/-

U      T

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