Patna High Court
NITESH YADAV @ NITISH KUMAR @ NITESH KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Nitesh Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 25.92 litres of liquor from two motorcycles. He argued that he was not arrested on the spot, no liquor was found in his possession, he does not own the seized vehicles, and the case is based solely on a confessional statement of another accused, which he contended lacks evidentiary value. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedent; if more than two prior cases are found, the bail will not be confirmed, otherwise it will be confirmed. The petitioner also agreed to deposit Rs 2,500 with the Patna High Court Lawyers’ Association. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an excise offence case where the only evidence is a confessional statement of another accused.
- Whether the petitioner’s lack of possession of the seized liquor and vehicles justifies bail.
- Whether the petitioner’s prior criminal antecedent (two cases) affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2709 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- MALAHI District- East Champaran
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NITESH YADAV @ NITISH KUMAR @ NITESH KUMAR S/O
UPENDRA YADAV R/o vill - Majhariya, P.S.- Malahi, Distt.- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 25.92 litres
of liquor from two motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the confessional statement of
Patna High Court CR. MISC. No.2709 of 2026(2) dt.28-01-2026
2/3
Ajay in police custody which does not have any evidentiary
value in the eye of law. It is next submitted that once an accused
is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Malahi
P.S. Case No. 175 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than two cases,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.2709 of 2026(2) dt.28-01-2026
3/3
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the Lawyers’ Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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