Patna High Court
Nitish Kumar @ Nitesh Rai @ Nitish RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(c) of the Bihar Excise Act, alleging recovery of 281.4 litres of liquor from three motorcycles. He contended he was not in possession of the seized vehicles, was not the owner, and was implicated by a hostile chowkidar, raising doubts about the prosecution’s investigation. The State opposed the bail. The Court, after considering the submissions, 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 further held that if more than three prior excise cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order is subject to compliance with Section 482(2) of the BNSS and verification by the trial court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending excise case
- Whether the petitioner’s alleged lack of ownership and possession of the seized motorcycles negates the basis for arrest
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a), 30(c)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- Section 30
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40517 of 2026
Arising Out of PS. Case No.-186 Year-2024 Thana- BARGAINIA District- Sitamarhi
======================================================
Nitish Kumar @ Nitesh Rai @ Nitish Rai S/O Chandeshwar Rai @
Chandeshwar Yadav Resident of Village- Masha Aalam, P.S- Bairgania,
Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam
======================================================
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
30(c) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 281.4 litres of liquor from three
motorcycles.
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 is not the owner of
any of the seized motorcycles and he came to be implicated at
Patna High Court CR. MISC. No.40517 of 2026(2) dt.23-06-2026
2/3
the instance of Chowkidar with whom he is on an inimical term.
It is next submitted that if Chowkidar was aware about the
involvement of the petitioner in the occurrence, then why he did
not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. It is
further 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.
15,000/- (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
Bairgania P.S. Case No. 186 of 2024, subject to the conditions
as laid down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.40517 of 2026(2) dt.23-06-2026
3/3
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
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 in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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