Patna High Court

Nitish Kumar RajbharversusThe State of Bihar

Decided: 20 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

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

Summary

The petitioner, Nitish Kumar Rajbhar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 144 litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that his friend misused the vehicle. The State opposed his request for anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional bail will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act
Whether ownership of the vehicle used in the alleged offence makes the petitioner liable for the offence

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise offence
vehicle ownership
clean antecedent
Section 30(a)
Section 482(2)
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24845 of 2026
                        Arising Out of PS. Case No.-266 Year-2025 Thana- NAUTAN District- Siwan
                 ======================================================
                 Nitish Kumar Rajbhar S/o- Nepal Rajbhar Resident of Village- Kabirpur P.S-
                 Mairwa, Dist- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Pandey
                 For the Opposite Party/s :       Mr. Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 144 liters of liquor from a motorcycle.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended 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.24845 of 2026(2) dt.20-04-2026
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          create evidence against himself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          his friend would misuse the vehicle in the manner as alleged

          who also fled from the spot.

                       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 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.

          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 Nautan

          P.S. Case No. 266 of 2025 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.24845 of 2026(2) dt.20-04-2026
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                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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