Patna High Court
Nitish Kumar Rai @ Nitish Kumar Yadav @ Nitesh Kumar Yadav @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
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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
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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
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