Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 35663 of 2026 Arising Out of PS. Case No.-115 Year-2026 Thana- JANTA BAZAR District- Saran ====================================================== Nitish Kumar S/O Umesh Prasad R/O Village - Shiv Tola, Dandashpur, P.SJanta Bazar, District- Saran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishwajeet Singh, Adv.
For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 02-06-2026 Heard Mr. Bishwajeet Singh, learned Advocate for the petitioner and Mr. Rana Randhir Singh, learned Additional Public Prosecution for the State through virtual mode.
2. The petitioner apprehends his arrest in connection with Janta Bazar P.S. Case No. 115 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Acting on a tip off, trafficking of illicit wine, the police conducted a vehicle checking, however, noticing the police party, three persons succeeded in fleeing away, whereas one Manu Kumar Yadav, who was apprehended at the spot. In course of raid, a Ford Free Style Titanium Car and motorcycle were seized. From the afore-noted car, total 261 litres of foreign liquor was recovered, whereas 43.200 litres of Indian made
Patna High Court CR. MISC. No. 35663 of 2026(2) dt.02-06-2026 2/3 foreign liquor was recovered from the motorcycle. The apprehended person disclosed the name of the petitioner and others who succeeded in fleeing away.
4. Learned Advocate for the petitioner submitted that the petitioner has neither any concern with the vehicles in question, which were seized at the time of raid, nor with the recovered illicit wine. The name of the petitioner has been implicated only on account of his past criminal antecedent of identical nature as has been disclosed in paragraph no. 3. There is complete defiance of Sections 103 and 105 of B.N.S.S., moreover, during the course of investigation, no other cogent materials have collected suggesting the complicity of the petitioner in crime.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that a huge consignment of illicit wine was recovered from the vehicles which were seized by the police and the apprehended person disclosed the name of the petitioner; besides, he is carrying four criminal antecedents of identical nature.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the petitioner has neither any concern with the
Patna High Court CR. MISC. No. 35663 of 2026(2) dt.02-06-2026 3/3 vehicle in question, nor with the illicit wine; besides, no materials have collected during the course of investigation which attracts the rigors provided under Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, moreover, criminal antecedent of a person cannot be the sole ground to reject the prayer for anticipatory bail, unless there is other cogent material, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-III, Saran at Chapra in connection with Janta Bazar P.S. Case No. 115 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) sadique/- U T