Patna High CourtCR. MISC./20237/2026allowed

Nitish Kumar v. The State Of Bihar

2026-03-31Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20237 of 2026 Arising Out of PS. Case No.-66 Year-2026 Thana- MANIYARI District- Muzaffarpur ====================================================== Nitish Kumar Son of Jiwachh Mahto Resident of village - Manika Bujurg, Police Station - Sarairanjan, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Maniyari P.S. Case No.66 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a pick-up vehicle 1225.800 liters of country made foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is only the driver of the pick-up vehicle. Learned counsel for the petitioner has further submitted that the petitioner was unaware of the alleged recovery and recovery thereof. It has further been submitted that nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.20237 of 2026(2) dt.31-03-2026 2/2 petitioner. The petitioner is mere a driver. Learned counsel for the petitioner has further submitted that the petitioner is in judicial custody since 20.02.2026.

5. The application for bail is opposed by learned APP for the State. He has further stated that the petitioner is having criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Exclusive Special Judge Excise-II, Muzaffarpur in connection with Maniyari P.S. Case No.66 of 2026.

(Ashok Kumar Pandey, J) durgesh/- U T