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Patna High Court

Nitesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Nitesh Kumar, sought anticipatory bail after being implicated in a case under Sections 30(a), 36 and 41(1) of the Bihar Excise Act for allegedly transporting 360.84 litres of liquor. He argued that he has a clean antecedent, was not caught in possession, and was implicated solely on the basis of a spy’s disclosure that he was driving the vehicle. The State opposed the bail, contending that the allegations merit arrest. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s criminal antecedent. The order further stipulated that if any prior case is discovered, the bail would be presumed to have been obtained by concealment and would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Excise Act based on the petitioner’s claim of clean antecedent.
  • Whether the reliance on a spy’s information alone suffices to justify denial of anticipatory bail.
  • Whether Section 482(2) of the BNSS permits the Court to impose conditions and a verification mechanism before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • clean antecedent
  • Bihar Excise Act
  • Section 482
  • criminal procedure
  • spy information
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31071 of 2026
                   Arising Out of PS. Case No.-202 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
                 ======================================================
                 Nitesh Kumar S/o- Kameshwar Singh Village- Ward no 8, Barthi Ramauli PS-
                 Runnisaidpur, Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mritunjay Kumar
                 For the Opposite Party/s :      Mr. Renuka Ratnakar (App.125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  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 Sections 30(a), 36

                   and 41(1) 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 360.84 liters of liquor from a container vehicle.

                                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 is not the

                   owner of the seized vehicle and during the course of

                   investigation, he came to be implicated based on disclosure

                   made by spy that he was driving the vehicle. It is next submitted
Patna High Court CR. MISC. No.31071 of 2026(2) dt.15-05-2026
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          that it is easy to implicate someone without holding a proper

          investigation based on information given by spy, when

          petitioner admittedly is a person with clean antecedent.

                       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 Bochaha

          P.S. Case No. 202 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
            Patna High Court CR. MISC. No.31071 of 2026(2) dt.15-05-2026
                                                        3/3




                      verification if it is found that petitioner is a 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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