Patna High Court
Nippu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Nippu Kumar, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 32.280 litres of liquor from a house owned by Vicky Kumar. He argued that he was not present at the spot, had no possession of the liquor, and had no relationship with the alleged offender, contending that the police had mechanically implicated him based on a chowkidar's information without proper investigation. The State opposed the bail. The Court, considering the petitioner's submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed the trial court to verify his criminal antecedents. It further stipulated that if more than two prior cases are found, the bail would be deemed concealed and not confirmed; otherwise, the provisional bail would be confirmed. The order was issued under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged lack of possession and relationship to the alleged offence warrants bail.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- police investigation
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44540 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- MANER District- Patna
======================================================
Nippu Kumar S/o Rajgir Rai @ Rajgir Prasad Resident of Village- Maner
Tola, P.S.- Maner, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoranjan Kumar
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 32.280 liters of liquor from house of
Vicky Kumar.
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 house which does not belong to the petitioner
and he has no concern or relation with Vicky and came to be
Patna High Court CR. MISC. No.44540 of 2026(2) dt.03-07-2026
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implicated at the instance of Chowkidar and local person. 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.
10000/- (Rupees Ten 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 Maner
P.S. Case No. 76 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
than two cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.44540 of 2026(2) dt.03-07-2026
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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 two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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