Patna High CourtCR. MISC./29359/2026bail granted

J.P. Kumar @ Nithish Kumar v. The State Of Bihar

2026-05-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29359 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- NARAINPUR District- Bhojpur ====================================================== J.P. Kumar @ Nithish Kumar S/O Sudarshan Thakur @ But Thakur R/O Village- Ekwari, P.S.- Sahar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2026

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 Narayanpur Police Station Case No. 16 of 2026, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. The prosecution case, in brief, is that on 25.02.2026, during vehicle checking near Ara-Sahar Main Road, Narayanpur, Police allegedly intercepted a Hero Splendour motorcycle carrying foreign liquor. One accused, namely Sanjit Kumar, was apprehended on the spot, while the other accused, identified as the present petitioner, allegedly fled away. Upon search, 13.14 litres of Royal Stag foreign liquor meant for sale in Punjab only

Patna High Court CR. MISC. No.29359 of 2026(2) dt.07-05-2026 2/3 was recovered from the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to oblique motive. He next submits that the motorcycle, in question, does not belong to the petitioner and illicit liquor has not been recovered from the conscious possession of the petitioner. Petitioner has been made accused merely on the basis of disclosure of his name made by the arrested co-accused. Petitioner is having clean antecedent.

5. Regards being had to the submission advanced by learned counsel for the parties and taking into consideration the fact that the petitioner is not the owner of the motorcycle, from where illicit liquor has been recovered and petitioner is having no criminal antecedent, 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

Patna High Court CR. MISC. No.29359 of 2026(2) dt.07-05-2026 3/3 Court No. 1st, Bhojpur at Ara, in connection with Narayanpur Police Station Case No. 16 of 2026, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J) HarshPandey/- U T