Nitish Kumar @ Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7855 of 2026 Arising Out of PS. Case No.-141 Year-2025 Thana- PUSA District- Samastipur ====================================================== Nitish Kumar @ Nitesh Kumar S/o Sunil Kumar Ray @ Pannu Ray @ Sunil Kumar @ Sunil Kumar Mahto R/o Vill- Mahamadpur Birauli, P.S- Pusa, DistSamastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2026

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Pusa Police Station Case No. 141 of 2025, dated 19.12.2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that on 18.12.2025, on the basis of secret information, the police reached near the orchard and on seeing the police, the accused persons started fleeing away and succeeded in the same. The local Chowkidar identified them as the petitioner and other accused persons. On search, 355.5 litres of illicit liquor was recovered from

Patna High Court CR. MISC. No.7855 of 2026(2) dt.17-02-2026 2/3 XUV-700 vehicle, having registration no. DL11CA/2277.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of secret information and identification by the local Chowkidar. He further submits that the petitioner is not the owner of the vehicle in question and/or the seized liquor.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner is not the owner of the vehicle in question, from where illicit liquor has been recovered, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. I, Samastipur, in connection with Pusa Police Station Case No. 141 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik

Patna High Court CR. MISC. No.7855 of 2026(2) dt.17-02-2026 3/3 Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √