Nikki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30239 of 2026 Arising Out of PS. Case No.-132 Year-2026 Thana- Excise P.S. District- Muzaffarpur ====================================================== Nikki Kumar S/O Late Viresh Pandey R/O Vill.- Ambar Siristar, P.S.- Biharsharif, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Muzaffarpur Excise P.S. Case No. 132 of 2026 registered for the offences under Sections 30(a) & 32(3) of Bihar Prohibition and Excise Act.

3. As per prosecution case, police received information about unloading of illicit foreign liquor from a truck to smaller vehicles. A team was constituted and the raid was conducted and since the police already reached the spot, it found

Patna High Court CR. MISC. No.30239 of 2026(2) dt.08-05-2026 2/3 some persons unloading some cartons from a truck and loading to smaller vehicle. On search of the truck, recovery of 4942.440 litres of foreign liquor was made. Further, recovery has been made from the Mahindra Pickup and Mahindra Scorpio to the tune of 216.00 litres and 128.240 litres, respectively. The petitioner is stated to be the owner of the truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner and he was not apprehended from the spot. The petitioner has been named only because of the fact that he is owner of the truck bearing Registration No. JH02Q2412. But the petitioner has given the truck to some other person for transportation of goods and the driver driving the truck misused the vehicle and started transporting illicit liquor and for the said transportation petitioner has no concern. The petitioner is having clean antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the fact that the petitioner is stated to be the owner of the truck from which huge consignment of illicit liquor was being transported, I do not think it

Patna High Court CR. MISC. No.30239 of 2026(2) dt.08-05-2026 3/3 is a fit case for grant of anticipatory bail and hence, the prayer for anticipatory bail of the petitioner is rejected. (Arun Kumar Jha, J) DKS/- U T