Patna High Court
Nanku Mishra @ Ratnesh Mishra @ Nanku TiwariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Nanku Mishra, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and Sections 317(4) and 317(5) of the Bihar Narcotic Substances Act, 2023. He argued that he was not in possession of the seized liquor, was not the owner of the vehicles involved, and that the case was based solely on confessional statements of co‑accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The High Court, invoking its inherent powers under Section 482(2), granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the Bihar Narcotic Substances Act, 2023.
- Whether the concept of deemed possession/presumed offender, abolished by the 2018 amendment, affects the bail application.
- Whether confessional statements of co‑accused recorded in police custody can be the sole basis to deny anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(4), 317(5)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Excise Act
- Section 317 Narcotic Substances Act
- deemed possession
- confessional statements
- Section 482 inherent powers
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31347 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- VIJAYEPUR District- Gopalganj
======================================================
Nanku Mishra @ Ratnesh Mishra @ Nanku Tiwari S/O Jagdish Mishra R/O
village - Dighwa, P.S. - Bhorey, District -Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Vardhan
For the Opposite Party/s : Mr. Tapeshwar Sharma
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022 and
Section 317(4) and 317(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and allegation is of
recovery of 22.200 litres of liquor from three motorcycles. It is
next submitted 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 vehicle and he came to be
implicated based on confessional statement of Rishikesh and
Manjeet in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.31347 of 2026(2) dt.15-05-2026
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value. It is also 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.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand)
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 Vijaypur P.S. Case No.279/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
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cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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