Patna High CourtCR. MISC./90716/2025bail granted

Nitesh Kumar v. The State Of Bihar

2026-01-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90716 of 2025 Arising Out of PS. Case No.-915 Year-2025 Thana- PIRBAHOR District- Patna ====================================================== Nitesh Kumar Son of Naresh Kumar Rai Resident of Village- Milki Marcha, P.S.- Mahua, District- Vaishali, presently tenant in the House of Arvind Kumar, Mohalla- B.M. Das Road, P.S.- Pirbahore, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Nandan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Pirbahore PS Case No. 915 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 97.740 liters foreign liquor was recovered from room of the petitioner. 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 submitted that recovery is made from the rented house of the petitioner,

Patna High Court CR. MISC. No.90716 of 2025(2) dt.12-01-2026 2/2 where other renters also reside. The petitioner is in custody since 16.11.2025 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 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 of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

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 Pirbahore PS Case No. 915 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T