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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail bonds and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Nitish Kumar, applied for anticipatory bail under Section 438(2) of the CrPC in a case registered under Section 30(a) of the Excise Act for alleged recovery of 110 litres of liquor and seizure of a motorcycle. He argued that he was not in possession of the liquor or the motorcycle, was not the owner of the orchard, and was implicated solely based on a watchman's information, questioning the investigation's propriety. The State opposed the bail, citing the petitioner’s prior four cases under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.20,000 with two sureties, subject to verification of his criminal antecedent. It further stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act given the petitioner’s prior criminal antecedent.
  • Whether the petitioner’s lack of possession and ownership of the alleged contraband and vehicle negates the necessity of custody.
  • What conditions under Section 438(2) of the CrPC must be imposed for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Excise Act
  • Section 438 CrPC
  • bail bonds
  • criminal antecedent
  • pre‑arrest bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7436 of 2026
                  Arising Out of PS. Case No.-451 Year-2025 Thana- CHIRAIYA District- East Champaran
                 ======================================================
                 Nitish Kumar S/O Daroga Rai @ Daroga Ray R/O Vill.- Mahaddipur, P.S-
                 Chiraiya, District - East champaran

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

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

2   19-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of four cases under the Excise Act

                   and allegation is of recovery of 110 litres of liquor from a

                   mango and bamboo orchard and a motorcycle was seized.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and is not the owner of

                   the orchard nor the motorcycle is registered in his name and he

                   came to be implicated at the instance of Chaukidar, but then, it
Patna High Court CR. MISC. No.7436 of 2026(2) dt.19-02-2026
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          is submitted that if Chaukidar was aware of the involvement of

          the petitioner in the occurrence, then why he did not inform the

          police prior to institution of the present F.I.R., which casts an

          aspersion on the case of the prosecution. It is next submitted that

          police in majority of cases implicating innocent persons either at

          the behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.20,000/- (Rupees Twenty 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 Chiraiya P. S. Case No.451 of 2025, subject to

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

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.7436 of 2026(2) dt.19-02-2026
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                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than four cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of four cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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