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Patna High Court

Nitesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of antecedent, under Section 482(2) of the BNSS.

Summary

The petitioner, Nitesh Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 45 of the Bihar Excise Act for allegedly possessing 4.77 litres of liquor. He argued that no liquor was recovered from his possession and the case was based solely on a confessional statement of co‑accused Sipahi Yadav made in police custody, which he claimed lacked evidentiary value. The petitioner also highlighted his clean criminal antecedent. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of the petitioner’s antecedent within six weeks, directing that the bail be confirmed if no prior case is found, otherwise it would be withdrawn.

Issues considered

  • Whether anticipatory bail should be granted when the allegation rests only on a co‑accused’s confessional statement and no possession is proved
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • confessional statement
  • clean antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58455 of 2025
                   Arising Out of PS. Case No.-359 Year-2024 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Nitesh Kumar S/o Sipahi Yadav R/o Village - Nanoshati, P.S - Majhuliya,
                 District - West Champaran
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sujeet Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, 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 Sections 30(a) and 45

                   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 4.77 liters of liquor from a bag.

                                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 confessional statement of co-accused Sipahi

                   Yadav in police custody which does not have any evidentiary

                   value.

                                5. Learned A.P.P. for the State opposes the prayer for
            Patna High Court CR. MISC. No.58455 of 2025(3) dt.06-01-2026
                                                        2/2




                      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 Nautan P.S. Case No.

                      359 of 2024 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 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)

Jyoti/-
U       T


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