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Patna High Court

Nitish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedents.

Summary

The petitioner, Nitish Kumar, feared arrest in a case under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act concerning the alleged recovery of 270 litres of liquor from a gunny bag on four motorcycles. He argued that he was not in possession of the liquor, did not own the vehicles, and was implicated solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, directing the trial court to verify the petitioner’s criminal antecedents. If the petitioner is found to have more than two prior cases, the bail will not be confirmed; if exactly two, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted when the only evidence is a confessional statement of another accused.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate in this case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • confessional statement
  • police investigation
  • criminal antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81084 of 2025
                      Arising Out of PS. Case No.-153 Year-2022 Thana- MALSALAMI District- Patna
                 ======================================================
                 Nitish Kumar Son of Nanda Rai Village -Shafrabad (Jafrabad), Sukumarpur
                 PS -Raghopur Dist- Vaishali

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

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

2   17-01-2026                  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) and

                   36 of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 270 litres of liquor from a gunny bag

                   kept on four 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 vehicles and he came to be implicated based on

                   confessional statement of apprehended accused in police

                   custody which does not have any evidentiary value. It is also
Patna High Court CR. MISC. No.81084 of 2025(2) dt.17-01-2026
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          submitted that once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       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.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

          Malsalami P.S. Case No.153/2022, 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 more than

          two cases, 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
             Patna High Court CR. MISC. No.81084 of 2025(2) dt.17-01-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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