Patna High Court
Niwash Kumar @ Avinash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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stipulating that bail would be confirmed only if the antecedent remains at seven cases, otherwise it would be withdrawn.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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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