Patna High Court
Nitish KumarversusThe 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 that confirmation of bail depends on whether the antecedent cases exceed four.
Summary
The petitioner, Nitish Kumar, feared arrest in a case under the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act for alleged recovery of 150 litres of liquor from a motorcycle. He argued that he was not caught in possession, was not the vehicle’s owner, and was implicated solely on a confessional statement of another detainee, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, and that the police were mechanically implicating individuals without proper investigation. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.20,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedents by the trial court under Section 482(2). If the trial court finds more than four prior cases, the bail will not be confirmed; if exactly four, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves alleged possession of liquor without the accused being in actual possession.
- Whether the post‑2018 amendment to the Bihar Prohibition and Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 317(5), 3(5)
- Bihar Prohibition and Excise Act — s. 30(a), 41, 47
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- bail conditions
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31879 of 2026
Arising Out of PS. Case No.-236 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Nitish Kumar S/o Mantu Ray R/o vill - Dharampur, PS- Mohiuddin nagar,
District- Samstipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 Sections 30(a), 41,
47 of Bihar Prohibition and Excise Act and Sections 274, 275,
317(5) and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 150 litres of liquor from a
motorcycle. 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 the seized vehicle and he
came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.31879 of 2026(2) dt.12-05-2026
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Prashant in police custody which does not have any evidentiary
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. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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.20,000/- (Rupees twenty 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 Mohiuddin Nagar P.S. Case No.236/2025,
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
Patna High Court CR. MISC. No.31879 of 2026(2) dt.12-05-2026
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event if it is found that petitioner has antecedent of more than
four 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 four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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