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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of their criminal antecedents.

Summary

The petitioners, Nitish Kumar and Mukesh Kumar Rai, applied for anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act concerning the alleged recovery of 2,384 litres of liquor from a DCM vehicle. They argued they have clean antecedents, were not in possession of the seized liquor, and were implicated solely on a confessional statement made by a co‑accused in police custody, which they claimed lacks evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the filing of bail bonds and sureties, and directed the trial court to verify the petitioners’ criminal antecedents before confirming the bail. The order also warned that any concealment of prior cases would lead to the bail being withdrawn.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Sections 30(a) and 41(1) of the Bihar Excise Act.
  • Whether the confessional statement of a co‑accused made in police custody is admissible as evidence.
  • Effect of the 2018 amendment to the Bihar Excise Act removing the concepts of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 41
  • confessional statement
  • deemed possession
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31123 of 2026
                 Arising Out of PS. Case No.-72 Year-2025 Thana- GAUTAMBUDHNAGAR District- Siwan
                 ======================================================
           1.     Nitish Kumar S/o Chandra Keshwar Rai R/o Village - Raypur Bindgawa,
                  P.S. - Doriganj, Dist. - Saran at Chapra.
           2.    Mukesh Kumar Rai @ Mukesh Kumar S/o Parma Rai R/o Village - Raypur
                 Bindgawa, P.S. - Doriganj, Dist. - Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Alok Kumar Alok
                 For the Opposite Party/s :     Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 2384 litres of liquor from a DCM vehicle.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and are not the

                   owners of the seized vehicle and they came to be implicated
Patna High Court CR. MISC. No.31123 of 2026(2) dt.07-05-2026
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          based on confessional statement of Ranjan in police custody

          which does not have any evidentiary value. It is next submitted

          that after amendment in the Excise Act in the year 2018, the

          concept of deemed possession and presumed offender has been

          done away with.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each

          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 G.B Nagar P.S. Case No. 72 of 2025, subject

          to the conditions as laid down under Section Section 482(2) of

          the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the

          event if it is found that petitioners have antecedent of even one

          case then it would be presumed that petitioners, for the purposes of

          seeking anticipatory bail, had concealed their antecedent before

          this Court, as such, the provisional anticipatory bail order shall not
              Patna High Court CR. MISC. No.31123 of 2026(2) dt.07-05-2026
                                                          3/3




                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are person with clean antecedent in that

                        event the provisional anticipatory bail order shall be confirmed

                        forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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