Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29308 of 2026 Arising Out of PS. Case No.-64 Year-2026 Thana- TAJPUR District- Samastipur ====================================================== Nitesh Kumar S/o Laldev Ray Resident of Village - Pindrauta Khurd, P.S. - Tisiauta, Dist. - Vaishali.

... ... 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. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a pickup van, altogether 1109.52 liters of illicit liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. Learned counsel has submitted that he is merely a driver of the said vehicle. He has no concern with the alleged recovery. The witnesses of the seizure list are police personnel and police has not complied

Patna High Court CR. MISC. No.29308 of 2026(2) dt.06-05-2026 2/2 Section 105 of BNSS while preparing seizure list. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.04.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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 released on bail in connection with Tajpur P.S. Case No. 64 of 2026 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 Judge Excise, Court No.-II, Samastipur.

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