Patna High CourtCR. MISC./8420/2026bail granted

Nitish Kumar Sharma @ Nitash Kumar Sharma v. The State Of Bihar

2026-02-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8420 of 2026 Arising Out of PS. Case No.-165 Year-2025 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== Nitish Kumar Sharma @ Nitash Kumar Sharma Son of Hareram Sharma @ Hareram Thakur Resident of Village- Atari, Ward No. 06, P.S.- Laukahi, District- Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bhairavsthan P.S. case No. 165 of 2025 instituted for the offences under Sections 274, 275, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 576 liters liquor was recovered from car 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

Patna High Court CR. MISC. No.8420 of 2026(2) dt.11-02-2026 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither owner nor driver of the vehicle but was sitting by the side of the driver and he had no knowledge regarding the nature of goods kept in vehicle. The petitioner is in custody since 13.12.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 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 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 Bhairavsthan P.S. case No. 165 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T