Patna High Court
NITISH KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Nitish Kumar, was implicated in a case concerning the alleged seizure of 58.12 litres of liquor from a vehicle he owned, although the liquor was not found in his immediate possession. He contended that he has a clean antecedent and that the police mechanically implicated him solely on the basis of vehicle ownership, with alleged false statements by a DTO officer. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is discovered, the bail will be cancelled; otherwise, the provisional bail will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the applicable law.
- Whether mere ownership of a vehicle from which liquor is seized justifies arrest without possession.
- Whether the police investigation was conducted in a mechanically flawed manner.
Legislation cited
- Bihar Excise Act — s. 30(a), 41(1), 47
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 482
- seizure of liquor
- vehicle ownership
- police procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45345 of 2026
Arising Out of PS. Case No.-208 Year-2023 Thana- SAUR BAZAR District- Saharsa
======================================================
NITISH KUMAR S/O SANJAY JHA RESIDENT OF WARD NO 04,
BABHANGAMA, P.S.- TRIVENIGANJ, DISTRICT- SUPAUL, BIHAR
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, 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.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a),
41(1) and 47 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 58.12 liters of liquor from a car.
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 he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is further submitted that police in mechanical manner
implicated the petitioner when owner of the seized vehicle as
Patna High Court CR. MISC. No.45345 of 2026(2) dt.08-07-2026
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per DTO report is Anita Singh. It is further submitted that Anita
Singh falsely alleged that the vehicle has been sold to the
petitioner in absence of any valid document of transfer and the
police in mechanical manner implicated the petitioner.
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.
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 Saur
Bazar P.S. Case No. 208 of 2023 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 even
one case 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
Patna High Court CR. MISC. No.45345 of 2026(2) dt.08-07-2026
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anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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