Patna High Court

Nirdosh KumarversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents, with confirmation contingent on the petitioner having no more than five prior cases.

Summary

The petitioner, Nirdosh Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 84 litres of liquor from a scooty, which he claims he did not possess nor own. He has five prior criminal cases, three under the excise law, and contends that the accusation is based on an unnamed informant not mentioned in the FIR. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and directed verification of his criminal antecedent. The order stipulates that if more than five prior cases are found, the bail will not be confirmed; if exactly five are confirmed, the provisional bail will be made permanent. The decision rests on the discretion under Section 482(2) of the BNSS and the lack of immediate possession evidence.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s prior criminal antecedent disqualifies him from obtaining anticipatory bail.
Whether the absence of the informant’s name in the FIR affects the prosecution’s case.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30
Section 482
criminal antecedent
seizure
informant
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85835 of 2025
                      Arising Out of PS. Case No.-471 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Nirdosh Kumar S/o- Sachchidanand Rai @ Sachidanand Rai @
                 Sachchidananda Ray R/v- Mittan Ghat Chauraha Ps- Khajekalan Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Rai, Advocate
                 For the Opposite Party/s :       Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  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

                   petitioner has antecedent of five cases out of which three cases

                   are under the excise act and allegation is of recovery of 84 liters

                   of liquor from a Scooty.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized Scooty and he came to be implicated based

                   on disclosure made by local person, but then the name of the
Patna High Court CR. MISC. No.85835 of 2025(3) dt.20-01-2026
                                            2/3




          person who disclosed the name of the petitioner is not disclosed

          in the FIR which casts an aspersion on the case of the

          prosecution.

                       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.

          25,000/- (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

          Khajekalan P.S. Case No. 471 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 five cases 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
            Patna High Court CR. MISC. No.85835 of 2025(3) dt.20-01-2026
                                                        3/3




                      verification if it is found that petitioner has antecedent of five

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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