Patna High Court
Nitesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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