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Patna High Court

Niwash Kumar @ Avinash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Niwash Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 15 litres of liquor from two motorcycles. He contended that he was not in possession of the liquor, was not arrested on the spot, and was implicated merely as the owner of one of the seized vehicles, claiming ignorance of his friend’s misuse. The State opposed the bail, highlighting the petitioner’s antecedent of seven prior cases under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bond of Rs 35,000 with two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. It further directed the trial court to verify the petitioner’s criminal antecedent, stipulating that bail would be confirmed only if the antecedent remains at seven cases, otherwise it would be withdrawn. The order thus provides temporary protection while allowing verification of the petitioner’s prior record.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the Cr.P.C. despite alleged involvement in an offence under the Bihar Prohibition and Excise Act.
  • Whether ownership of the seized vehicle and prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • Section 438
  • Section 30(a)
  • vehicle ownership
  • criminal antecedent
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8794 of 2026
                      Arising Out of PS. Case No.-372 Year-2025 Thana- NARHATT District- Nawada
                 ======================================================
                 Niwash Kumar @ Avinash Kumar S/o Upendra Singh R/o - Gajra Chatar, P.S
                 - Narhat, District - Nawadah
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :      Mr. Kanhiya Kishor, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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 Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 15 litres of liquor from two

                   different motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of one of the seized vehicles. It is next submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.8794 of 2026(3) dt.16-03-2026
                                            2/3




          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that petitioner

          was completely unaware that his friend would misuse the

          vehicle in the manner as alleged who also fled from the spot.

                       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, let the petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.35,000/- (Rupees Thirty-five

          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 Narhat P.S. Case

          No. 372 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than seven

          cases, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.8794 of 2026(3) dt.16-03-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only seven cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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