Nitin Mehta Vs The State Of Bihar — Anticipatory Bail | Patna HC (2026)

Nitin Mehta Vs The State Of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner: upon arrest or surrender before the Court below within four weeks, release on bail bond of Rs. 15,000/- with two sureties of like amount each, to the satisfaction of the District & Additional Sessions Judge-Cum-Exclusive Special Judge, Excise Court No.-1, Aurangabad, subject to conditions under Section 482(2) of the BNSS.

Issue for consideration

Whether Nitin Mehta, implicated in Amba P.S. Case No. 244 of 2023 (offence under Section 30(a) of the Bihar Prohibition and Excise Act) solely as the owner of a motorcycle allegedly used to carry 40 litres of country-made liquor, is entitled to anticipatory bail.

Court's answer

Having weighed the rival submissions, the petitioner's clean antecedents, the fact that no recovery was made from his conscious possession, and the specific averment in paragraph 7 of the petition (that he had given the motorcycle to co-villager Nishant Kumar, who misused it), the Court was inclined to allow the anticipatory bail application.

Ratio / Principle

In the event of arrest or surrender before the Court below within four weeks, the petitioner is to be released on anticipatory bail on furnishing a bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of like amount each, to the satisfaction of the learned District & Additional Sessions Judge-Cum-Exclusive Special Judge, Excise Court No.-1, Aurangabad, in Amba P.S. Case No. 244 of 2023, subject to the conditions laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Anticipatory bail granted - Nitin Mehta v. State of Bihar, High Court of Judicature at Patna, Criminal Miscellaneous No.46548 of 2026, decided 23-07-2026 (Ranjan Kumar Jha, J). Petitioner implicated in Amba P.S. Case No. 244 of 2023, District Aurangabad, for offence under Section 30(a) of the Bihar Prohibition and Excise Act, solely as owner of a motorcycle driven by coaccused Nishant Kumar from which 40 litres of country-made liquor was recovered. Bail allowed on account of clean antecedents, no recovery from the petitioner's conscious possession, and the averment in paragraph 7 of the petition that he had lent the motorcycle to Nishant Kumar who misused it. Release ordered upon arrest or surrender within four weeks on bail bond of Rs. 15,000/- with two sureties of like amount each, subject to conditions under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46548 of 2026

Arising Out of PS. Case No.-244 Year-2023 Thana- AMBA District- Aurangabad

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

Nitin Mehta S/O Surendra Mehta R/O Village- Dadhapi, P.S.- Madanpur, District- Aurangabad, Bihar

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rupa Kumari, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER

2 23-07-2026

Heard learned counsel for the petitioner and learned A.P.P.

for the State.

The petitioner seeks anticipatory bail in connection with Amba P.S. Case No. 244 of 2023, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation in the F.I.R. is that recovery of 40 litres of country-made liquor was made from a motorcycle driven by coaccused Nishant Kumar. The petitioner has been arrayed as an accused on the ground that he is the owner of the said motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated, and possesses clean antecedents. It is submitted that nothing has been recovered from the conscious possession of the petitioner. Further, attention of this Court is drawn toward paragraph 7 of the petition, wherein a specific averment has been made that the petitioner had given his motorcycle to co-villager Nishant Kumar, who in turn misused the

Patna High Court CR. MISC. No.46548 of 2026(2) dt.23-07-2026 2/2

same.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Having considered the rival submissions, the clean antecedents of the petitioner, the fact that no recovery was made from his conscious possession, and the specific averment made in paragraph 7 of the petition, this Court is inclined to allow the present application.

Accordingly, in the event of arrest or surrender before the learned Court below within four weeks from today, the petitioner above-named shall be released on anticipatory bail on furnishing bail bond of Rs. 15,000/- (Fifteen Thousand) with two sureties of like amount each to the satisfaction of the learned District & Additional Sessions Judge-Cum-Exclusive Special Judge, Excise Court No.-1, Aurangabad, Bihar in Amba P.S. Case No. 244 of 2023, subject to the conditions laid down under Section 482(2) of the BNSS.

(Ranjan Kumar Jha, J)

rashmi/-