Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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/-
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