Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52019 of 2026 Arising Out of PS. Case No.-738 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Nitesh Kumar S/o Lorikh Mukhiya R/o Village - Harkaina, PS - Muffasil, District - East Champaran, Motihari ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner as well as learned A.P.P. on behalf of the State.

2. The petitioner has been made accused for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegations made in the F.I.R, 80 litres of country made illegal wine have been recovered near the school.

4. Learned counsel for the petitioner submits that he has not been apprehended from the place of occurrence. His name was transpired on the basis of the information given by the Chaukidar. He further submits that the petitioner has got the clean antecedent and has been languishing in jail custody since 27.05.2026.

5. Learned A.P.P. on behalf of the State has opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.52019 of 2026(2) dt.29-07-2026 2/2

6. Taking into consideration the aforesaid facts and clean antecedent, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge Court No. 1, Civil Court, East Champaran, Motihari in connection with Muffasil P.S. Case No. 738/2025 subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial.

(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife. (iii) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(iv) If the petitioner repeats the offence of similar nature, his bail bond shall liable to be cancelled by the Court below after following the due process of law. prachi/- (Raj Kumar, J) U T