Patna High Court
Sri Nitish Kumar @ Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, and verification of antecedents.
Summary
The petitioner, Nitish Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 228.885 litres of liquor from a middle school premises. He contended that he has a clean antecedent, that the liquor was not in his possession, and that the location is public, suggesting a false implication by police based on secret information. The State opposed his anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify his antecedents. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The petitioner also undertook to deposit Rs.1,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of the alleged recovery justify denial of anticipatory bail.
- Whether the trial court should verify the petitioner’s criminal antecedents before confirming bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- police false implication
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6807 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- MUSRIGHRARI District- Samastipur
======================================================
Sri Nitish Kumar @ Nitish Kumar S/O Lal Bahadur Singh @ Sri Lalbahadur
Singh @ Lalbahadur Singh R/O Village- Fatehpurwala, Police Station-
Musrigharari, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar
For the Opposite Party/s : Mr. Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 228.885 litres of liquor from a middle school and
from a place behind the school. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.6807 of 2026(2) dt.04-02-2026
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based on secret information which is the easiest way to
implicate someone without holding a proper investigation. It is
next submitted that it appears that police in order to save the real
culprit falsely implicated the petitioner, when petitioner
admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
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
Musrigharari P.S. Case No.232/2025, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.6807 of 2026(2) dt.04-02-2026
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provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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