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Patna High Court

Nitesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted conditionally, subject to verification of criminal antecedents and possible withdrawal if concealment is found.

Summary

The petitioners, Nitesh Kumar and Sangita Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 45 litres of liquor on a motorcycle they did not own. They argued that the police had relied on a chowkidar’s complaint without proper investigation and that they were not in conscious possession of the liquor. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned the order on verification of the petitioners’ criminal antecedents within six weeks. The Court stipulated that if any petitioner concealed prior cases, the bail would not be confirmed for that individual; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the police investigation was sufficient to justify arrest.
  • Whether concealment of prior criminal antecedents bars confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • criminal antecedent
  • seizure of liquor
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89332 of 2025
                  Arising Out of PS. Case No.-279 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
           1.     Nitesh Kumar S/O Ashok Kumar Resident of Vill.- Kharuwa, P.S- Kundwa
                  Chainpur,Dist- East Champaran
           2.    Sangita Devi W/O Ashok Mukhiya Resident of Vill.- Kharuwa, P.S- Kundwa
                 Chainpur,Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :     Mr.Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case under the Excise Act

                   and petitioner no. 2 is a person with clean antecedent and is a

                   woman and allegation is of recovery of 45 litres of liquor from a

                   motorcycle.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.89332 of 2025(3) dt.21-01-2026
                                            2/3




          recovered from their conscious possession and are not owner of

          the seized motorcycle and they came to be implicated at the

          instance of Chowkidar but then it is submitted that if the

          Chowkidar was aware about the involvement of the petitioners

          in the occurrence, then why he did not inform the police prior to

          institution of the instant FIR, which casts an aspersion on the

          case of the prosecution. It is further submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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.

          5,000/- (Rupees Five Thousand) each 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

          Kundwa Chainpur P.S. Case No. 279 of 2025 subject to the
              Patna High Court CR. MISC. No.89332 of 2025(3) dt.21-01-2026
                                                          3/3




                        conditions as laid down under Section Section 482(2) of the

                        BNSS.

                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioner no. 1 has antecedent of more

                        than one case and petitioner no. 2 has antecedent of even one

                        case then it would be presumed that petitioners, for the purposes

                        of seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioner no. 1 has antecedent of one case and

                        petitioner no. 2 is a person with clean antecedent in that event

                        the provisional anticipatory bail order shall be confirmed

                        forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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