Patna High Court

Nitish KumarversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 94.5 litres of liquor from his vehicle. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that the vehicle was misused by others. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs. 500 bail bond with two sureties and subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. The order stipulates that if any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether ownership of the vehicle and lack of conscious possession of liquor justify granting anticipatory bail.
Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
liquor seizure
vehicle ownership
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14922 of 2026
                      Arising Out of PS. Case No.-529 Year-2022 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Nitish Kumar S/o Suresh Mandal R/o Village - Rajghat, Ward No. 9, P.S -
                 Barhara Kothi, District - Purnea

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

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

2   17-03-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 94.5 litres of liquor from a car.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.14922 of 2026(2) dt.17-03-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Vikash would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot along with Bappy and

          Bholu.

                   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, 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. 500/- (Rupees Five Hundred) 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 Sabour P.S. Case No. 529 of 2022, subject to

          the conditions as laid down under Section 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 in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.14922 of 2026(2) dt.17-03-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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