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Patna High Court

Navin Kumar NisantversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail should be granted subject to conditions, pending verification of the petitioner’s antecedent.

Summary

The petitioner, Navin Kumar Nisant, was implicated in the alleged recovery of 291.960 litres of liquor from two cars under Sections 30(a) and 32(ii) of the Excise Act. He was not arrested at the scene, no liquor was found in his possession, and the allegation rests on a confessional statement of another accused in police custody, which the petitioner argued lacks evidentiary value. The petitioner applied for anticipatory bail, asserting a clean antecedent. The High Court, applying Section 438(2) of the Criminal Procedure Code, directed that provisional anticipatory bail be granted upon furnishing bail bonds and sureties, subject to verification of his antecedents. The court further stipulated that if any prior case is discovered, the bail would be revoked, otherwise the provisional order would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438(2) CrPC to a person accused of offences under Sections 30(a) and 32(ii) of the Excise Act.
  • Whether a confessional statement of a co-accused, without possession or ownership, suffices to deny anticipatory bail.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • liquor seizure
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2905 of 2026
                       Arising Out of PS. Case No.-117 Year-2025 Thana- Bypass District- Bhagalpur
                 ======================================================
                 Navin Kumar Nisant S/o Anil Kumar Resident of Village- Near Bishnupur
                 Mohanpur Ward No. 11, P.S.- Dudhall, Dist.- Saharsha

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajive Ranjan Singh
                 For the Opposite Party/s :        Ms.Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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

                   Sections 30(a) and 32(ii) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 291.960 litres of liquor from two different cars.

                                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 is not the owner of

                   any of the seized car and he came to be implicated based on

                   confessional statement of apprehended accused in police

                   custody, which does not have any evidentiary value.
Patna High Court CR. MISC. No.2905 of 2026(2) dt.28-01-2026
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                       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.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

          Bypass P. S. Case No.117 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 even one case, 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 is a person with clean antecedent, in that event, the
               Patna High Court CR. MISC. No.2905 of 2026(2) dt.28-01-2026
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                         provisional anticipatory bail order shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Advocates’ Association, Patna High Court, Patna.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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