Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Nitish Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 148.7 litres of liquor from a mustard field that does not belong to him. He contended that the liquor was not found in his possession, the alleged recovery site is communal, and the case is based solely on a confessional statement made by a person named Mandip while in police custody, which he argued lacks evidentiary value. He also submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police had mechanically implicated him without proper investigation. The State opposed the petition for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed or cancelled based on that verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, Section 30(a).
- Whether the confessional statement recorded in police custody is admissible as evidence for granting bail.
- Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- confessional statement
- deemed possession
- presumed offender
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12538 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Nitish Kumar Son of RamParikshan singh R/o Village - Prandahi, P.S. -
Hathauri, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 148.7 litres of liquor from a mustard
field. It is next submitted that petitioner was not arrested from
the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and is accessible to villagers at
large and he came to be implicated based on confessional
statement of Mandip in police custody which does not have any
Patna High Court CR. MISC. No.12538 of 2026(2) dt.09-03-2026
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evidentiary value. It is also submitted that after amendment in
the Excise Act in the year 2018, the concept of deemed
possession and presumed offender has been done away with. It
is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State Mr. Chandra Bhushan
Prasad opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five 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 Shivajinagar P.S. Case No.01/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
Patna High Court CR. MISC. No.12538 of 2026(2) dt.09-03-2026
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one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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