Patna High Court

CR. MISC./58088/2026 of Nishant Kumar Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58088 of 2026 Arising Out of PS. Case No.-127 Year-2026 Thana- JALALGARH District- Purnia ====================================================== Nishant Kumar Son of Anand Kumar @ Anant prasad Resident of Village - Madrauni, Ward No. -8,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58088 of 2026

Arising Out of PS. Case No.-127 Year-2026 Thana- JALALGARH District- Purnia ======================================================

Nishant Kumar Son of Anand Kumar @ Anant prasad Resident of Village - Madrauni, Ward No. -8, P.S.- Rangra, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Dr. Manoj Kumar, Advocate

For the Opposite Party/s :

Mr. Arun Kumar, 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 Jalalgarh P.S. Case No. 127 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (as amended up-to-date).

3. As per the prosecution case, there is a recovery of 1199 liters of illicit liquor from DCM Truck bearing Registration No. WB73N-8099.

4. Learned counsel for the petitioner submits that he is innocent, has committed no offence and he has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and he was not present at the place of occurrence. It is further submitted that the petitioner Patna High Court CR. MISC. No.58088 of 2026(2) dt.19-08-2026

is not the owner of the seized vehicle and he has no concern with the alleged seized liquor.

5. It is submitted that from perusal of the FIR, it appears that the petitioner is not named in the FIR and the name of the petitioner transpired from the confessional statement of the owner of the vehicle. Four cases of similar nature are pending against the petitioner in which he is on bail. It is further submitted that the petitioner was apprehended at the spot only on the basis of suspicion and criminal background of the petitioner.

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 party 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 18.06.2026 and is having four criminal antecedents.

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 petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Patna High Court CR. MISC. No.58088 of 2026(2) dt.19-08-2026

learned Exclusive Special Judge (Excise No.-01), Purnea in connection with Jalalgarh P.S. Case No. 127 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.

(iv) The trial court shall verify the criminal antecedent of the petitioner and if at any stage, it is found that the petitioner has concealed his criminal antecedent, the trial court shall take steps for cancellation of his bail bonds of the petitioner. However, the acceptance of bail-bond shall not be delayed for the purpose of in name of verification.

Ritwika/- (Kumar Manish, J) U T

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