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Patna High Court

NITISH KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted provisionally, subject to verification of the petitioner’s antecedents and compliance with the stipulated bail conditions.

Summary

The petitioner, Nitish Kumar, sought anticipatory bail after the police alleged that 26.1 litres of liquor were recovered from two motorcycles linked to him. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and that the case against him was based solely on a confessional statement made by Jageshwar while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations under Sections 30(a), 36 and 38 of the Bihar Prohibition and Excise Act, 2016 were sufficient to justify arrest. Justice Satyavrat Verma granted a provisional anticipatory bail, subject to the petitioner furnishing a bail bond of Rs.500 with two sureties and to verification of his criminal antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
  • Whether a confessional statement made in police custody can form the sole basis for arrest under the Bihar Prohibition and Excise Act, 2016.
  • Whether the trial court should verify the petitioner’s antecedents before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • surety
  • confessional statement
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Section 482(2) of B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78454 of 2025
                        Arising Out of PS. Case No.-46 Year-2018 Thana- FULKAHA District- Araria
                 ======================================================
                 NITISH KUMAR S/o Binod Yadav @ Binod Kumar Yadav R/o vill -
                 Madhura West, P.s. - Narpatganj, Distt.- Araria
                                                                        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kundan Kumar Singh
                 For the Opposite Party/s :        Ms. Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  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 Sections 30(a), 36

                   and 38 of Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 26.1 litres of liquor from two motorcycles. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of any of the seized motorcycles and he came to be

                   implicated based on confessional statement of Jageshwar in

                   police custody which does not have any evidentiary value.

                                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
             Patna High Court CR. MISC. No.78454 of 2025(2) dt.05-01-2026
                                                         2/2




                       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 Fulkaha

                       P.S. Case No.46/2018, 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

                       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.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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