Patna High CourtCR. MISC./48961/2026bail granted

Nitish Kumar v. The State Of Bihar

2026-07-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48961 of 2026 Arising Out of PS. Case No.-46 Year-2026 Thana- PIPRA District- Patna ====================================================== Nitish Kumar S/o Surendra Chaurasiya @ Sulendra Chaurasiya R/o Village - Anaypur, P.S. - Kashichak, Dist. - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amritanshu Raj, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pipra P.S. Case No. 46 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 150 liters liquor was recovered from E-rickshaw and the petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.48961 of 2026(2) dt.20-07-2026 2/2 further submitted that petitioner is the driver of the vehicle in question and he has no concern with regard to nature of goods kept in the vehicle. The petitioner is in custody since 12.05.2026 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra P.S. Case No. 46 of 2026.

(Rudra Prakash Mishra, J) sukriti/- U T