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Patna High Court

NITESH YADAV @ NITISH KUMAR @ NITESH KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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