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 verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Nitish Kumar, sought anticipatory bail after a vehicle he owned was seized containing 328.5 liters of liquor, alleged to be a violation of Section 30(a) of the Bihar Excise Act. He argued that he had no prior criminal record, was not present at the spot of seizure, and was unaware of any misuse of his vehicle by the driver. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used for alleged liquor transport suffices to justify arrest without proof of personal possession.
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Excise Act
- Section 482 CrPC
- vehicle seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58111 of 2025
Arising Out of PS. Case No.-28 Year-2023 Thana- BHAPTIAHI District- Supaul
======================================================
Nitish Kumar S/o Late Siyaram Mehta R/o vill- Gadhiya, ward No 08, P.S.-
Bhaptiyahi, Dist.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 is a person with clean antecedent and allegation is of
recovery of 328.5 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 next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his driver would misuse the vehicle in the manner as alleged
when petitioner admittedly is a person with clean antecedent.
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
Bhaptiyahi P.S. Case No. 28 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
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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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