Created by Fuzzy Cloud

Patna High Court

Nitish Kumar Rai @ Nitish Kumar Yadav @ Nitesh Kumar Yadav @ Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Nitish Kumar Rai, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Excise Act for the alleged recovery of 792 litres of liquor. He argued that the liquor was recovered from a public place not belonging to him and that the complaint was filed by a hostile chowkidar without proper investigation. The State opposed the bail, contending the seriousness of the offence and the petitioner’s prior seven excise cases. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 35,000 with two sureties, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if more than seven prior cases are discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedent of seven excise cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a)
  • Bihar Excise Act
  • criminal antecedent
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44422 of 2026
                        Arising Out of PS. Case No.-166 Year-2026 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Nitish Kumar Rai @ Nitish Kumar Yadav @ Nitesh Kumar Yadav @ Nitish
                 Kumar S/o Chandrika Ray @ Mala Rai Resident of Masha Alam, PS-
                 Bairganiya, Distt- Sitamarhi

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Rabindra Kumar.

                                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 seven cases under the Excise Act

                   and allegation is of recovery of 792 liters of liquor from a place

                   near a ghat.

                                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
Patna High Court CR. MISC. No.44422 of 2026(2) dt.08-07-2026
                                            2/3




          and is accessible to villagers at large and he came to 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.

          35000/- (Rupees Thirty 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

          Suppi P.S. Case No. 166 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
            Patna High Court CR. MISC. No.44422 of 2026(2) dt.08-07-2026
                                                        3/3




                      than seven 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 seven

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.