Patna High Court
Nirmal KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents.
Summary
The petitioner, Nirmal Kumar, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise (Amendment) Acts for alleged recovery of 651 litres of liquor from a vehicle he did not own. He contended that the seizure was not from his conscious possession and that his implication relied solely on a confessional statement of another accused taken in police custody, which he argued lacks evidentiary value. The State opposed the bail, asserting the seriousness of the offences under sections 30(a), 32(3), 41(1) of the 2018 Act and sections 14(1), 41(2) of the 2016 Act. The Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. It further stipulated that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two antecedent cases are verified.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case under the Bihar Prohibition and Excise Acts.
- Whether the reliance on a confessional statement of another accused, without seizure from the petitioner’s possession, suffices to deny bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2016 — s. 14(1), 41(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3), 41(1)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38890 of 2026
Arising Out of PS. Case No.-370 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Nirmal Kumar S/O rajendra Chaudhary @ Satyanarayan Chaudhary R/O
Village- Rediya, PS- Aurangabad Muffasil, Distt- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 Section 30(a), 32(3),
41(1) of Bihar Prohibition and Excise (Amendment) Act, 2018
and 14(1) and 41(2) of the Bihar Prohibition and Excise
(Amendment) Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 651 litres of liquor from a Maruti
Swift car. 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
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apprehended accused Harendra in police custody which does not
have any evidentiary value. 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.10,000/- (Rupees ten 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 Excise Sadar P.S. Case No.370/2026, 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
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
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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 two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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