IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9668 of 2026 Arising Out of PS. Case No.-290 Year-2025 Thana- BHAGWANPUR District- Begusarai ====================================================== Nitish Kumar @ Nitish Choudhary Son of Ram Baran Chaudhary Resident of Village - Manopur Ward No.- 03, Police Station - Bhagwanpur, District - Begusarai. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvottam Kumar, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 12-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 290 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Earlier, anticipatory bail of the petitioner was rejected by a co-oridinate Bench of this Court vide order dated 18.12.2025 passed in Cr. Misc. No. 86104 of 2025. 4. The prosecution case, in short, is that 31.093 liters liquor was recovered from an open place behind the chicken farm of the petitioner. 5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the Patna High Court CR. MISC. No.9668 of 2026(2) dt.12-02-2026 2/3 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. Learned counsel for the petitioner also submitted that the petitioner was not arrested on spot. Name of the petitioner has transpired in this case on the basis of disclosure made by local chaukidar. It is further submitted that the alleged recovery has been made from an open place and the same is esaily accessible to the public at large. The petitioner is in custody since 19.01.2026 and has got five criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur P.S. Case No. 290 of 2025, subject to the following conditions: Patna High Court CR. MISC. No.9668 of 2026(2) dt.12-02-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause. (III) The petitioner will not tamper with the evidence or the witnesses during the trial. (IV) Petitioner shall not commit offence of similar nature in future. If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner. Rajorshi/- (Rudra Prakash Mishra, J) U T