Patna High Court
CR. MISC./51178/2026 of Nitish Kumar Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51178 of 2026 Arising Out of PS. Case No.-231 Year-2026 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Nitish Kumar S/o Jay Prakash Singh Resident of Village- Ghorpokhar, P.S. Udwantnagar,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51178 of 2026
Arising Out of PS. Case No.-231 Year-2026 Thana- UDWANTNAGAR District- Bhojpur ======================================================
Nitish Kumar S/o Jay Prakash Singh Resident of Village- Ghorpokhar, P.S.
Udwantnagar, District- Bhojpur at Ara
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s :
Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
29-07-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Udwant Nagar P.S. Case No. 231 of 2026, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Suspecting the petitioner along with one another accused persons were coming on a motorcycle carrying illicit wine. The police tried to nab them. However, they succeeded in fleeing away after leaving the motorcycle. In course of search, total 90 liters of illicit mahua liquor was recovered.
4. Learned Advocate for the petitioner submitted that the petitioner has no concern with the motorcycle nor with the illicit wine. However, only on account of suspicion, the name of Patna High Court CR. MISC. No.51178 of 2026(2) dt.29-07-2026
the petitioner has been implicated in this case. There is no compliance of Section 103(4) of the BNSS as the witnesses are none else but the police personnels. Since neither any incriminating material has been recovered from the whereabouts of the petitioner nor any evidence, collected during the course of investigation, suggesting his complicity in the crime, and as such, the rigors provided under section 76(2) of the Bihar Prohibition and Excise Act is not attracted.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Having considered the submissions advanced on behalf of the learned Advocate for the respective parties and taking note of the fact that the motorcycle, in question, from which recovery has been made does not belong to the petitioner, besides non compliance of Section 103(4) of the BNSS as well as the fair antecedent of the petitioner, and lack of the materials which attract the rigors to maintain the anticipatory bail, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No.51178 of 2026(2) dt.29-07-2026
the learned Special Exclusive Excise Judge-II, Bhojpur at Ara in connection with Udwant Nagar P.S. Case No. 231 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
shivank/- (Harish Kumar, J) U T