Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 36, 41(1)
- BNSS — s. 482(2)
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
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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
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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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