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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents.

Summary

The petitioners, Nitish Kumar and Anil Kumar Chaudhary, feared arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 15 litres of liquor recovered from a motorcycle. They argued they had clean antecedents, were not in actual possession, and were not owners of the seized vehicle, contending that a chowkidar who implicated them failed to inform police earlier. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and sureties, and directed verification of their criminal antecedents. It further stipulated that if any antecedent is discovered, the bail would be withdrawn for that petitioner, otherwise the provisional order would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bihar Excise Act.
  • Whether the petitioners have a clean criminal antecedent warranting bail.
  • Whether the petitioners can be deemed owners or in possession of the seized liquor.

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • clean antecedent
  • provisional bail
  • Section 30
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16103 of 2026
                      Arising Out of PS. Case No.-121 Year-2025 Thana- KASMA District- Aurangabad
                 ======================================================
           1.     Nitish Kumar S/o- Nirmohi Chaudhary Village- Bishambharpur Ps- Kasma
                  Dist- Aurangabad
           2.    Anil Kumar Chaudhary S/o- Satyendra Chaudhary Village- Bishambharpur
                 Ps- Kasma Dist- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mukul Kumari
                 For the Opposite Party/s :       Mr.Syed Mojibur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 15 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and are not the owner

                   of the seized motorcycle and they came to be implicated at the
Patna High Court CR. MISC. No.16103 of 2026(2) dt.16-04-2026
                                            2/3




          instance of Chowkidar with whom they is on an inimical term.

          It is next submitted that if Chowkidar was aware about the

          involvement of the petitioners in the occurrence, then why he

          did not inform the police prior to institution of the instant FIR,

          which casts an aspersion on the case of the prosecution.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

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

          event of their 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) each

          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 Kasma P.S. Case No. 121 of 2025, subject to

          the conditions as laid down under Section Section 482(2) of the

          BNSS.

                        It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the

          event if it is found that petitioners have antecedent of even one

          case then it would be presumed that petitioners, for the purposes of

          seeking anticipatory bail, had concealed their antecedent before

          this Court, as such, the provisional anticipatory bail order shall not
              Patna High Court CR. MISC. No.16103 of 2026(2) dt.16-04-2026
                                                          3/3




                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are 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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