Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Nitish Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 897.15 litres of liquor from a truck he owned. He contended that he was not in possession of the liquor at the time of seizure and was unaware that his vehicle would be used for the contravention, arguing that ownership alone should not render him liable. The petitioner also disclosed six prior criminal cases, three of which pertained to the Excise Act, and sought anticipatory bail to avoid arrest. The State opposed the bail application. The High Court, invoking its inherent powers under Section 482(2) of the CrPC, granted provisional anticipatory bail subject to a bail bond of Rs. 30,000 with two sureties and ordered verification of the petitioner’s antecedent, stipulating that bail could be withdrawn if more than six prior cases are confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under the Bihar Excise Act
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Bihar Excise Act
- CrPC Section 482
- criminal antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83167 of 2025
Arising Out of PS. Case No.-137 Year-2025 Thana- Jhandapur District- Bhagalpur
======================================================
Nitish Kumar Son of Ashok Yadav Resident of Gadhpura, Ward No. 15, P.S. -
Gadhpura(Begusarai).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarbottam Kumar Sarkar
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of six cases out of which three cases
are under the Excise Act and allegation is of recovery of 897.15
litres of liquor from a truck.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized truck.
It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.83167 of 2025(3) dt.19-01-2026
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vehicle for committing an occurrence and thus would create
evidence against himself and hence would get implicated and at
the same time shall bring disrepute to the business, it is further
submitted that petitioner was completely unaware that Uday
would misuse the vehicle in the manner as alleged, who was
also apprehended from the spot. It is also submitted that
petitioner is being implicated in similar manner in cases relating
to Excise.
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, 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. 30,000/- (Rupees
Thirty 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 Jhandapur P.S. Case
No. 137 of 2025, subject to the conditions as laid down under
Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than six
Patna High Court CR. MISC. No.83167 of 2025(3) dt.19-01-2026
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case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of six cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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