Patna High CourtCR. MISC./15825/2026bail granted

Nitish Kumar v. The State Of Bihar

2026-03-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15825 of 2026 Arising Out of PS. Case No.-9 Year-2026 Thana- AKILPUR District- Saran ====================================================== Nitish Kumar S/o Sukeshwar Ray R/o vill - Purani Panapur, ward no. 1, P.S.- Akilpur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Akilpur P.S. Case No. 9 of 2026 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 64 litres of liquor has been recovered from plastic box.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The petitioner has got no concern with the alleged recovery of

Patna High Court CR. MISC. No.15825 of 2026(2) dt.11-03-2026 2/2 liquor. The petitioner is in custody since 22.01.2026 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Akilpur P.S. Case No. 9 of 2026.

(Rudra Prakash Mishra, J) Alok Verma/- U T