Patna High Court
Nitish Kumar @ Nitish RajbanshiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent, with confirmation contingent on a clean record.
Summary
The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of a litre of fermented Jawa Mahua and destruction of 8000 litres in a forest area. He argued he has a clean antecedent, was not arrested, and the alleged contraband was not in his possession nor on his property, which is accessible to villagers. He further contended that the complaint was instigated by a hostile chaukidar who failed to inform police earlier, casting doubt on the prosecution's case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of the petitioner’s antecedent, with the order to be confirmed if he is found to have a clean record.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in the context of alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the circumstances of non‑possession, lack of arrest, and alleged hostility of the informant justify granting bail.
Legislation cited
- Bihar Narcotic and Psychotropic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- chaukidar hostility
- forestry contraband
- bond and sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34026 of 2026
Arising Out of PS. Case No.-204 Year-2023 Thana- RAJAOLI District- Nawada
======================================================
Nitish Kumar @ Nitish Rajbanshi S/O Sahdev Rajbanshi R/O Vill.- Jobkala,
P.S.- Rajauli, Dist.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha 1, A.P.P.
======================================================
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 offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 01 litre of fermented Jawa Mahua from a forest area
along with 8000 litres of fermented Jawa Mahua which was
destroyed at the spot.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
Patna High Court CR. MISC. No.34026 of 2026(2) dt.15-05-2026
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petitioner came to be implicated at the instance of the
Chawkidar with whom he is on an inimical term. It is next
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution.
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 appearing on behalf of the petitioner, let 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.500/- (Rupees
Five Hundred) 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 Rajauli P.S. Case
No. 204 of 2023, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.34026 of 2026(2) dt.15-05-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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