Patna High Court
Nitish Kumar @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Nitish Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 17.250 litres of liquor recovered from an auto. He argued that he was not arrested on the spot, had no conscious possession of the liquor, was not the vehicle's owner, and that the case was based solely on a confessional statement made by Shivam Kumar while in police custody, which he claimed lacks evidentiary value. The State opposed the bail. The Court, considering the petitioner's clean antecedent and the weak evidential basis, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and other conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, including verification of antecedents and a deposit of Rs.1,500 with the Advocate Association. The order stipulates that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the confessional statement made in police custody is admissible as evidence.
- Whether the petitioner’s antecedent record affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- confessional statement
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4186 of 2026
Arising Out of PS. Case No.-657 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Nitish Kumar @ Raushan Kumar Son of Aklesh Kumar @ Akhilesh Singh
Resident of Village - Fatehpur, P.S. - Fatehpur, District - Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Onkar Nath, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 17.250 litres of liquor from an auto.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Shivam
Kumar in police custody which does not have any evidentiary
value in the eye of law.
Patna High Court CR. MISC. No.4186 of 2026(2) dt.29-01-2026
2/3
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, let 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.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 Fatehpur
P.S. Case No. 657 of 2025 (PTN No. BRGA01P0038572025),
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his 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.
Patna High Court CR. MISC. No.4186 of 2026(2) dt.29-01-2026
3/3
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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