Patna High CourtCR. MISC./31291/2026bail granted

Nitish Kumar v. The State Of Bihar

2026-05-08Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31291 of 2026 Arising Out of PS. Case No.-219 Year-2026 Thana- RIVILGANJ District- Saran ====================================================== Nitish Kumar S/O Fulatun Sah R/O Village- Sahadullahpur (Sahatullahpur), P.S.- Lalganj, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2026 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Damodar Prasad Tiwary, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 18.04.2026, in connection with Revilganj P.S. Case No. 219 of 2026, F.I.R. dated 16.04.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

3. Recovery is of 70.200 litres of foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that recovery has been made from the vehicle in question and petitioner was arrested along with other

Patna High Court CR. MISC. No.31291 of 2026(2) dt.08-05-2026 2/3 co-accused persons. It appears from the seizure list that the seizure list witnesses are police personnel so there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 18.04.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Exclusive Special Excise Judge, Saran at Chapra in connection with Revilganj P.S. Case No. 219 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.31291 of 2026(2) dt.08-05-2026 3/3 witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T