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Patna High Court

Nitish Kumar @ Nitish Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail may be granted subject to conditions, provided the petitioner is not in possession of the alleged liquor and the prosecution’s case shows procedural deficiencies.

Summary

The petitioner, Nitish Kumar Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with an alleged offence under Section 30(a) of the Excise Act involving the alleged recovery of 66.75 litres of liquor from a government quarter. He argued that he was not arrested at the scene, that no liquor was found in his possession, and that the FIR omitted the name of the informant, casting doubt on the prosecution’s case. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to verification of his criminal antecedent. The order is conditional: if the petitioner is found to have more than three prior cases, the bail will not be confirmed; if he has only three, the bail will be confirmed. The application was allowed, granting provisional anticipatory bail with the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in a case of alleged contravention of Section 30(a) of the Excise Act
  • Whether the absence of possession of the alleged contraband and the omission of the informant’s name in the FIR affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • possession
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13137 of 2026
                  Arising Out of PS. Case No.-999 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Nitish Kumar @ Nitish Kumar Yadav S/o- Shivnandan Yadav Resident of
                 Village - Rakia, P.S- Bihra District- Saharsa Bihar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajnish Kumar Singh
                 For the Opposite Party/s :      Mr.Amitesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases and allegation is of

                   recovery of 66.75 litres of liquor from government quarter at

                   Gandhipath Ward No.39.

                                4. The learned counsel for the petitioner submits 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 he came to be implicated at the instance of local person, but
Patna High Court CR. MISC. No.13137 of 2026(2) dt.10-03-2026
                                            2/3




          the name of the person, who disclosed the name of the petitioner

          is not disclosed in the F.I.R., which casts an aspersion on the

          case of the prosecution. It is next submitted that off late, police

          started implicating accused having antecedent under Excise Act

          for obvious reason without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.15,000/- (Rupees Fifteen 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 Saharsa P. S. Case No.999 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than three cases,
               Patna High Court CR. MISC. No.13137 of 2026(2) dt.10-03-2026
                                                           3/3




                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of three cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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