Patna High Court

Nitish Kumar SahversusThe State of Bihar

Decided: 7 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner, subject to bail bond, sureties, surrender within six weeks, and verification of his antecedent.

Summary

The petitioner, Nitish Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 126 litres of liquor from a motorcycle that he owned. He claimed the motorcycle had been stolen, a fact he reported to police on 23-02-2024, and argued that no liquor was found in his possession. The petitioner, who has a clean criminal record, sought anticipatory bail to avoid arrest. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and a six‑week surrender, and conditioned confirmation of the bail on verification of the petitioner’s antecedent. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s claim of ownership of a stolen vehicle and lack of possession of liquor negates the basis for arrest.
Whether the petitioner’s clean antecedent warrants grant of anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
stolen vehicle
clean antecedent
bail bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67380 of 2025
                          Arising Out of PS. Case No.-27 Year-2024 Thana- SIKTI District- Araria
                 ======================================================
                 Nitish Kumar Sah S/o Barat Lal Shah R/o Village - Dimhiya Ward No 7, P.S -
                 Sikti, District - Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mrigendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  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 126 liters of liquor from a motorcycle.

                                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 his motorcycle was stolen for

                   which he had reported to the police on 23.02.2024, as would
Patna High Court CR. MISC. No.67380 of 2025(3) dt.07-01-2026
                                            2/3




          manifest from Annexure-3 to the anticipatory bail application,

          as such, before the date of occurrence the motorcycle of the

          petitioner was stolen, but then police in a mechanical manner

          implicated him.

                       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 Sikti P.S.

          Case No. 27 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
            Patna High Court CR. MISC. No.67380 of 2025(3) dt.07-01-2026
                                                        3/3




                      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

Continue reading with your account

Checking your session…