Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Nitesh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 97.740 litres of foreign liquor was recovered from a room in the house he was renting. He claimed innocence, arguing that the liquor was found in a shared rented house and that no incriminating material was found in his personal possession. The petitioner had no prior criminal record and had been in custody since 16‑11‑2025, while the State opposed bail. The court noted the petitioner’s clean antecedent, the short period of custody, and the lack of material linking him directly to the offence, despite the State’s claim of non‑compliance with Section 103 of the BNSS, 2023. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of the same amount. The order released the petitioner pending further trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of the recovery, clean antecedent, and custody period.
- Whether the alleged non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- clean antecedent
- custody
- Section 103
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90716 of 2025
Arising Out of PS. Case No.-915 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Nitesh Kumar Son of Naresh Kumar Rai Resident of Village- Milki Marcha,
P.S.- Mahua, District- Vaishali, presently tenant in the House of Arvind
Kumar, Mohalla- B.M. Das Road, P.S.- Pirbahore, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Nandan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Pirbahore PS Case No. 915 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 97.740 liters
foreign liquor was recovered from room of the petitioner.
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 has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is made from the rented house of the petitioner,
Patna High Court CR. MISC. No.90716 of 2025(2) dt.12-01-2026
2/2
where other renters also reside. The petitioner is in custody
since 16.11.2025 and has got no criminal antecedent/s. There is
no compliance of Section 103 of the BNSS, 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 of the petitioner 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 Pirbahore PS Case
No. 915 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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