Patna High Court
Nishant Kumar @ Nishu RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Nishant Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 77.265 litres of liquor from a godown owned by Ranjeet. He argued that he was not caught in possession, had no relation to the premises or the accused, and that the complaint was motivated by an inimical watchman. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It stipulated that if more than three prior cases are found, the bail would not be confirmed; if only three, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s alleged lack of possession and relationship to the alleged offence warrants bail
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39397 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- NATIONAL HIGHWAY District-
Samastipur
======================================================
Nishant Kumar @ Nishu Ray S/O Rajkumar Ray @ Vijay Ray (Wrongly
mentioned in the F.I.R. as Late Vijay Ray), R/O Vill- Maheya Malpur ,P.S-
Patepur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar
For the Opposite Party/s : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and allegation is of
recovery of 77.265 liters of liquor from godown of Ranjeet.
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 even alleged
recovery is from a place which does not belong to the petitioner
and he has no concern or relation with Ranjeet and he came to
Patna High Court CR. MISC. No.39397 of 2026(2) dt.22-06-2026
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be implicated at the instance of Chowkidar with whom he is on
an inimical term. It is also submitted that once an accused is
implicated in a case relating to excise, the police 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.
15000/- (Rupees Fifteen 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 National
Highway Bangra P.S. Case No. 39 of 2026 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 three cases then it would be presumed that petitioner, for
Patna High Court CR. MISC. No.39397 of 2026(2) dt.22-06-2026
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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
verification if it is found that petitioner has antecedent of three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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