Patna High Court
NITESHWAR KUNVAR @ NITESHWAR KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Niteshwar Kunvar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 40 litres of spirit from two motorcycles. He argued that he had no direct possession of the contraband, that he was unaware of his co‑villager Suraj's misuse of his vehicle, and that he has a clean criminal record. The State opposed his request for anticipatory bail. The Court, after considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of his antecedents by the trial court. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the owner of the vehicle from which the contraband was recovered
- Whether the lack of direct possession and a clean antecedent justify granting anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- possession
- clean antecedent
- Bihar Prohibition and Excise Act
- vehicle ownership
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90328 of 2025
Arising Out of PS. Case No.-394 Year-2024 Thana- BELHAR District- Banka
======================================================
NITESHWAR KUNVAR @ NITESHWAR KUMAR Son of Ramsevak
Kunvar Resident of Village - Maniappa Matihani, P.S.- Matihani, District -
Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dipak Kumar
For the Opposite Party/s : Ms. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 40 litres of spirit from two motorcycles. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
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 occurrence
Patna High Court CR. MISC. No.90328 of 2025(2) dt.08-01-2026
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and thus would create evidence against himself and hence
would get implicated. It is also submitted that the petitioner was
completely unaware that his co-villager Suraj would misuse his
vehicle in the manner as alleged who was also apprehended
from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) 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 Belhar
P.S. Case No.394/2024, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
Patna High Court CR. MISC. No.90328 of 2025(2) dt.08-01-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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