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Patna High Court

Nitish Kumar @ Nitesh Choudhary @ Nitish Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to bond, sureties, a deposit, and verification of the petitioner’s antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 80 litres of liquor from a public place. He argued he has a clean antecedent, was not arrested on the spot, and the alleged liquor was not in his possession, with the prosecution's case relying on confessional statements of others that lack evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail on condition of a Rs.500 bond with two sureties and a further deposit of Rs.1,500 to the High Court Legal Services Committee, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. If any antecedent is found, the bail will not be confirmed; otherwise it will be confirmed forthwith. The order directs the trial court to verify the antecedent and act accordingly.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statements of co-accused constitute sufficient evidence to deny bail.
  • Whether the petitioner’s alleged clean antecedent warrants provisional bail pending verification.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • clean antecedent
  • confessional statement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5899 of 2026
                     Arising Out of PS. Case No.-87 Year-2025 Thana- MANJHAUL District- Begusarai
                 ======================================================
                 Nitish Kumar @ Nitesh Choudhary @ Nitish Kumar Choudhary S/O Suresh
                 Choudhary R/V - Rajan Gachhi, Panchyat - 04, Ward No.- 04, Manjhaul, P.S-
                 Manjhaul, Dist.- Begusarai

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nakul Kumar Jamuar
                 For the Opposite Party/s :       Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026               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 the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 80 litres of liquor from Bajraha Tola.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.5899 of 2026(2) dt.03-02-2026
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          based on confessional statement of Rishi and Md. Abdul Salam

          in police custody which does not have any evidentiary value.

                   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 Manjhaul

          P.S. Case No. 87 of 2025, 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.
              Patna High Court CR. MISC. No.5899 of 2026(2) dt.03-02-2026
                                                          3/3




                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 1,500/- with Patna High Court Legal Services

                        Committee, Patna within a period of two weeks from today.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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