Patna High Court
Navin Kumar NisantversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(ii)
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
2/3
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
3/3
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
Checking your session…