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Patna High Court

Nitish Kumar @ Nitish RajbanshiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                       3/3




                     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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