Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of antecedents.
Summary
The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(III) of the Bihar Prohibition and Excise Act for allegedly recovering 150 litres of liquor from an auto. He argued he had no prior criminal record, was not the owner of the vehicle, and the case was based solely on a confessional statement made by Chandan while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, noting the petitioner's clean antecedent and the weak evidentiary basis, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties and directed the trial court to verify his criminal antecedents. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed immediately. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending excise case.
- Whether the confessional statement of a co-accused made in police custody can form the basis for arrest.
- Whether the petitioner’s clean antecedent warrants grant of bail subject to verification.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(III)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- confessional statement
- clean antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42555 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- Excise P.S. District- Madhepura
======================================================
Nitish Kumar S/O Hem Kumar Yadav R/O Village - Maruaha, Ward no. - 4,
P.S.- Bharrahi, Dist.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Mr. Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 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 Sections 30(a) and
32(III) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 150 litres of liquor from an auto. 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 auto and he came to be implicated based
on confessional statement of Chandan in police custody which
does not have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.42555 of 2026(2) dt.01-07-2026
2/2
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.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 Madhepura Excise P.S. Case No.59/2026,
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 even one
case, in that event, it would be presumed that petitioner 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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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