Patna High Court

CR. MISC./58094/2026 of Nitish Kumar Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58094 of 2026 Arising Out of PS. Case No.-235 Year-2026 Thana- BAISI District- Purnia ====================================================== Nitish Kumar S/o Kavindra Mehta @ Bablu Prasad Singh R/o Village - Orlaha, P.S. - Barhara Kothi,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58094 of 2026

Arising Out of PS. Case No.-235 Year-2026 Thana- BAISI District- Purnia ======================================================

Nitish Kumar S/o Kavindra Mehta @ Bablu Prasad Singh R/o Village - Orlaha, P.S. - Barhara Kothi, Dist. - Purnea.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Pawan Kumar Singh, Singh

For the Opposite Party/s :

Mr. Khurshid Anwar, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH

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ORAL ORDER

19-08-2026 Heard learned counsel for the petitioner and learned A.P.P. on behalf of the State.

2. This application is filed for grant of regular bail to the petitioner who has been made accused in connection with Baisi P.S. Case No. 235 of 2026, registered for the offences punishable under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2016 (as amended up-to-date).

3. As per the prosecution case, there is a recovery of 374.14 liters of foreign liquor from a white- coloured Scorpio vehicle bearing Registration No. BR11BW/8481. The co- accused, Ramesh Kumar (driver) was apprehended at the spot.

4. Learned counsel for the petitioner submits that he is innocent and has committed no offence and has been implicated in this case only on the basis of suspicion and high-handedness of the police.

Patna High Court CR. MISC. No.58094 of 2026(2) dt.19-08-2026

5. It is further submitted that the name of the petitioner transpired in the present case during the course of investigation only on the basis of the confessional statement of the co-accused, Ramesh Kumar (driver) stating that, upon his direction, the illicit liquor was being transported from Bengal to Purnea. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said vehicle and also, he has no concern with the seized wine.

6. It is further submitted that there is no independent witness of the alleged seizure list and the witnesses of the seizure list are police officials which is a clear violation of the mandatory provisions of Section 103 of the B.N.S.S.

7. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 27.06.2026 and is having a clean antecedent.

8. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

9. Considering the aforesaid facts and circumstances of the case, the period of custody and also taking into consideration the materials available on record, the petitioner, above named, is directed to be enlarged on bail on furnishing Patna High Court CR. MISC. No.58094 of 2026(2) dt.19-08-2026

bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise No.-01), Purnea in connection with Baisi P.S. Case No. 235 of 2026 on the following conditions:-

(i) That one of the bailors should be family member of the petitioner.

(ii) That the petitioner will cooperate in the trial and will remain present on all dates personally or should be duly represented through his counsel and whenever required to be physically present by the Court, he should physically appear in Court on that date.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Ritwika/- (Kumar Manish, J) U T

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