Patna High Court
Nitish Kumar @ Nitish PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedent, with confirmation contingent on the petitioner having no more than one prior case.
Summary
The petitioner, Nitish Kumar, feared arrest in a case under Sections 30(a) and 41 of the Bihar Excise Act for alleged recovery of 120 litres of liquor from two scooties he owned. He argued that he was not present at the spot of seizure, had no liquor in his possession, and was unaware that a third party, Santosh, misused his vehicles. The State opposed his request for anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS, with the proviso that if more than one prior case is found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate
Legislation cited
- Bihar Excise Act — s. 30(a), 41
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- ownership of vehicle
- criminal antecedent
- Bihar Excise Act
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40017 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- SIRDALA District- Nawada
======================================================
Nitish Kumar @ Nitish Prasad S/O- Sanjay Prasad R/O Village-
Baghmandwa,P.S.-Gurpa, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 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 Sections 30(a) and
41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 120 litres of liquor from two
different scooty.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of both the seized
scooty. It is next submitted that no prudent person would use his
Patna High Court CR. MISC. No.40017 of 2026(2) dt.23-06-2026
2/3
own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Santosh would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot along with Girjesh and
Bobby.
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 Sirdalla P.S. Case No.
99 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 one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Patna High Court CR. MISC. No.40017 of 2026(2) dt.23-06-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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