Niwas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17589 of 2026 Arising Out of PS. Case No.-7 Year-2026 Thana- BATIYA District- Jamui ====================================================== Niwas Kumar S/O Lakhan Rajak R/O Village- Jorwaha, Dharampur, Police Station- Khaira, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Batiya P.S. Case No. 07 of 2026 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The recovery is of 486 liters of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is in custody since 31.01.2026. He further submits that the petitioner has clean antecedent and he has been implicated in this case only because of the fact that he was driving the vehicle in question.

5. Learned counsel for the petitioner submits that the petitioner is ready to donate Rs. 25,000/- in some charitable organization without accepting his guilt.

Patna High Court CR. MISC. No.17589 of 2026(2) dt.30-03-2026 2/3

6. Learned APP appearing for the State opposes the prayer for bail of the petitioner.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the petitioner, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court-II, Jamui/concerned Court below in connection with POCSO Case No. 97 of 2025 arising out of Batiya P.S. Case No. 07 of 2026.

8. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O. Vidyapith Deoghar, Jharkhand, 814112 and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

9. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Khaira Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

Patna High Court CR. MISC. No.17589 of 2026(2) dt.30-03-2026 3/3

10. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted.

11. It is, however, clarified that the observations made herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) Vikas/- U