Patna High Court
Nitesh Kumar @ Nitish Kumar @ Nitesh ManjhiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to bond and appearance conditions.
Summary
The petitioner, Nitesh Kumar, was arrested after 200 litres of liquor were recovered from an e‑rickshaw he was driving, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the contraband, and that no incriminating material was found in his possession; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his clean criminal record. The State opposed his bail application. Considering the circumstances, the court found the petitioner’s claim credible and, noting the period of custody already served, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s appearance at every trial date, with cancellation possible after two consecutive defaults. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- What is the appropriateness of granting bail to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case?
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail eligibility of the petitioner.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- driver liability
- Section 30
- Section 103
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91157 of 2025
Arising Out of PS. Case No.-902 Year-2025 Thana- PIRBAHOR District- Patna
======================================================
Nitesh Kumar @ Nitish Kumar @ Nitesh Manjhi S/o Late Anil Ram @ Late
Anil Manjhi R/o Village - Garhwa Tola, Shiv Mandir, P.S. - Sultanganj,
District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Pirabhore P.S. Case No. 902 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 200 liters
liquor was recovered from E-rickshaw 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 has got
Patna High Court CR. MISC. No.91157 of 2025(2) dt.19-01-2026
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is not the
owner of the E-rickshaw in question rather he is driver of that
vehicle and has got no knowledge with regard to the nature of
goods loaded in the vehicle. The petitioner is in custody since
13.11.2025 and has got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik 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 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 after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Pirabhore P.S. Case No. 902 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 date
Patna High Court CR. MISC. No.91157 of 2025(2) dt.19-01-2026
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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)
Rajorshi/-
U T
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