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2026 DAILYLAW 32662 (PAT)

Nitish kumar v. The State of Bihar

CR. MISC./6336/2026 · 2026-02-03

R P Mishra

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6336 of 2026 Arising Out of PS. Case No.-301 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== Nitish kumar S/O Surendra Prasad @ Surendra Singh R/O Vill.- Habatpur, P.S- Khushrupur,Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mickey Singh, Advocate For the Opposite Party/s : Ms.Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Khushrupur P.S. Case No. 301 of 2020, instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 1623.045 litres of liquor was recovered from the house of co- accused as also from one auto and one motorcycle. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The local chowkidar has disclosed the name of the petitioner. The petitioner has got no concern with the alleged house, auto and motorcycle. The petitioner has no criminal antecedent. Patna High Court CR. MISC. No.6336 of 2026(2) dt.03-02-2026 2/2 There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. 5. Learned APP 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, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 Khushrupur P.S. Case No. 301 of 2020, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. manish/- (Rudra Prakash Mishra, J) U T