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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent cases and compliance with the conditions under Section 438(2) CrPC.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, involving alleged recovery of 2,682.9 litres of liquor from three vehicles. He argued that he was not in possession of the liquor, was unaware of his driver’s misuse of his vehicle, and that ownership of the vehicle alone should not implicate him. The State opposed the bail. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The order thus provides conditional relief pending trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438(2) CrPC in the context of alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner’s ownership of a vehicle used in the alleged liquor seizure, without personal possession of the liquor, suffices for arrest.
  • What conditions should be imposed on the anticipatory bail, particularly concerning the verification of prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • excise law
  • liquor seizure
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72431 of 2025
                        Arising Out of PS. Case No.-67 Year-2025 Thana- VAINI District- Samastipur
                 ======================================================
                 Nitish Kumar Son of Hari Pd. Singh @ Suhari Pd. Singh R/o Vill.- Bazitpur,
                 Police Station - Karpurigram @ Karpoorigram, District - Samastipur.
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nirmal Kumar Sinha, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 2682.900 litres of liquor from three

                   different vehicles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of one of the seized vehicles. It is next submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.72431 of 2025(3) dt.07-01-2026
                                            2/3




          occurrence and thus would 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 who also fled away from the

          spot.

                       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, let 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.10,000/- (Rupees Ten Thousand) 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 Vaini P.S.

          Case No. 67 of 2025, subject to the conditions as laid down

          under Section 438 (2) of the Cr.P.C.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than two cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.72431 of 2025(3) dt.07-01-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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