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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                         3/3




                       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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