Patna High Court
Nitish Kumar @ Nitish ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner with a cash bond of Rs.15,000 and two sureties, subject to prescribed conditions.
Summary
The petitioner, Nitish Kumar, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 31.093 litres of liquor recovered from an open area behind his chicken farm. An earlier anticipatory bail application had been rejected. The petitioner argued that no liquor was found in his conscious possession, that the recovery was from a public place, and that he had been implicated solely on the basis of a local watchman's statement. The State opposed bail, citing the seriousness of the offence. Considering the lack of direct incriminating material, the period of custody already served, and the petitioner’s prior bail history, the court granted bail subject to monetary surety and specific conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the rejection of anticipatory bail.
- Whether the absence of liquor in the petitioner's conscious possession and the public nature of the recovery site justify bail.
- Whether the petitioner’s prior criminal antecedents and the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affect the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- anticipatory bail
- prohibition act
- liquor seizure
- criminal procedure
- section 30(a)
- section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9668 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Nitish Kumar @ Nitish Choudhary Son of Ram Baran Chaudhary Resident of
Village - Manopur Ward No.- 03, Police Station - Bhagwanpur, District -
Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhagwanpur P.S. Case No. 290 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. Earlier, anticipatory bail of the petitioner was
rejected by a co-oridinate Bench of this Court vide order dated
18.12.2025 passed in Cr. Misc. No. 86104 of 2025.
4. The prosecution case, in short, is that 31.093 liters
liquor was recovered from an open place behind the chicken
farm of the petitioner.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.9668 of 2026(2) dt.12-02-2026
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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. Learned counsel
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of disclosure made by local chaukidar. It is
further submitted that the alleged recovery has been made from
an open place and the same is esaily accessible to the public at
large. The petitioner is in custody since 19.01.2026 and has got
five criminal antecedents in which he is on bail. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. 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.
8. Let the petitioner be released on bail 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 Bhagwanpur P.S.
Case No. 290 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.9668 of 2026(2) dt.12-02-2026
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(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
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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