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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with bail bond requirements.

Summary

The petitioner, Nitish Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 54 litres of liquor from a motorcycle. He argued that he was not caught in the act, did not own the vehicle, and was implicated solely on the basis of a chowkidar’s information without proper investigation. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and required the trial court to verify the petitioner’s criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The petitioner was also directed to deposit Rs.2,500 with the Advocates’ Association, Patna High Court.

Issues considered

  • What is the appropriateness of granting anticipatory bail in a case under Section 30(a) of the Bihar Excise Act?
  • Whether the petitioner’s lack of direct involvement and the manner of his implication justify anticipatory bail?
  • What conditions should be imposed on anticipatory bail, particularly concerning the petitioner’s criminal antecedent?

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Bihar Excise Act
  • criminal antecedent
  • police investigation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3211 of 2026
                        Arising Out of PS. Case No.-91 Year-2025 Thana- KARJAIN District- Supaul
                 ======================================================
                 Nitish Kumar Son of Ram Prakash Yadav @ Rama Yadav Resident of
                 Village- Hariraha, Ward No. 05, P.S.- Karjain, District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun
                 For the Opposite Party/s :        Mr. Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the excise act and

                   allegation is of recovery of 54 liters of liquor from a motorcycle.

                                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 came to be implicated at the

                   instance of Chowkidar, but then it is submitted that once an

                   accused is implicated in a case relating to excise, the police
Patna High Court CR. MISC. No.3211 of 2026(2) dt.28-01-2026
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          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       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.

          5,000/- (Rupees Five 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 Karjain

          P.S. Case No. 91 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 more

          than 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
            Patna High Court CR. MISC. No.3211 of 2026(2) dt.28-01-2026
                                                        3/3




                      verification if it is found that petitioner has antecedent of one

                      case in that event the provisional anticipatory bail order shall be

                      confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      2500/- with Advocates’ Association, Patna High Court.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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