Nitish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Nitish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail granted provisionally: petitioner to be released, on arrest or surrender within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and to confirmation after verification of his criminal antecedent by the trial court.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Sabour P.S. Case No. 529 of 2022 registered for the offence punishable under Section 30(a) of the Bihar Excise Act (alleging recovery of 94.5 litres of liquor from a car owned by him), should be released on anticipatory bail.

Court's answer

In the event of the petitioner's arrest or surrender within six weeks from the date of the order, the petitioner is to 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 trial court where Sabour P.S. Case No. 529 of 2022 is pending (or successor court), subject to the conditions laid down under Section 482(2) of the BNSS.

Ratio / Principle

The trial court shall thereafter verify the petitioner's criminal antecedent: if even one prior case is found, it shall be presumed that the petitioner concealed his antecedent before the High Court and the provisional anticipatory bail order shall not be confirmed; conversely, if the petitioner is found to have clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory bail — granted provisionally. Petitioner apprehending arrest in Sabour P.S. Case No. 529 of 2022 (Thana Sabaur, District Bhagalpur) for offence under Section 30(a) of the Bihar Excise Act, on allegation of recovery of 94.5 litres of liquor from a car owned by him, contended that he was not arrested from the spot, nothing was in his conscious possession, and he was implicated merely as owner of the seized vehicle. Held: petitioner to be released on provisional anticipatory bail, on arrest or surrender within six weeks, on bail bonds of Rs. 500/- with two like sureties, subject to conditions under Section 482(2) of the BNSS. Trial court directed to verify criminal antecedents; discovery of even one prior case to be treated as concealment and the provisional order not confirmed; on verification of clean antecedents, order to be confirmed forthwith. (Satyavrat Verma, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14922 of 2026

Arising Out of PS. Case No.-529 Year-2022 Thana- SABAUR District- Bhagalpur

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Nitish Kumar S/o Suresh Mandal R/o Village - Rajghat, Ward No. 9, P.S - Barhara Kothi, District - Purnea

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rana Hason For the Opposite Party/s : Mr.Narendra Kumar Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 17-03-2026

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 offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 94.5 litres of liquor from a car.

4. Learned counsel for the petitioner submits that the 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 the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would

Patna High Court CR. MISC. No.14922 of 2026(2) dt.17-03-2026 2/3

create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that Vikash would misuse the vehicle in the manner as alleged, who was also apprehended from the spot along with Bappy and Bholu.

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, 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. 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 Sabour P.S. Case No. 529 of 2022, subject to the conditions as laid down under Section 482(2) of the BNSS.

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a

Patna High Court CR. MISC. No.14922 of 2026(2) dt.17-03-2026 3/3

person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Sumit/-

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