Allowed¶17

Nitish Kumar v. The State of Bihar

Patna HC12 May 2026CR. MISC./31879/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.31879 of 2026, order dated 12-05-2026 by Justice Satyavrat Verma: provisional anticipatory bail allowed in excise/BNS case arising from Mohiuddin Nagar P.S. Case No.236/2025 (Samastipur); bail bond Rs.20,000 with two like sureties; conditions under Section 482(2) B.N.S.S.; confirmation conditioned on trial-court verification of criminal antecedents with a four-case threshold.

What did the court decide?

Provisional anticipatory bail granted: petitioner to be released, upon arrest or surrender within six weeks, on bail bonds of Rs.20,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) B.N.S.S.; confirmation subject to the trial court's verification of criminal antecedents (more than four cases: presumed concealment, not confirmed; four cases: confirmed forthwith).

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

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Mohiuddin Nagar P.S. Case No.236/2025 (offences punishable under Sections 30(a), 41, 47 of the Bihar Prohibition and Excise Act and Sections 274, 275, 317(5) and 3(5) of the BNS), should be released on anticipatory bail. +1 more

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Court's answer

In the event of arrest or surrender within six weeks, the petitioner was to be released on provisional anticipatory bail on furnishing bail bonds of Rs.20,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the B.N.S.S., in connection with Mohiuddin Nagar P.S. Case No.236/2025.

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Ratio / Principle

The learned trial court was directed to verify the petitioner's criminal antecedents; if more than four cases were found, it would be presumed the petitioner concealed his antecedents before this Court and the provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If verification showed antecedents of four cases, the provisional anticipatory bail order was to be confirmed forthwith.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J.) granted provisional anticipatory bail to the petitioner apprehending arrest in Mohiuddin Nagar P.S. Case No.236/2025 (District Samastipur), registered for offences under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act and Sections 274, 275, 317(5) and 3(5) of the BNS, involving alleged recovery of 150 litres of liquor from a motorcycle — petitioner, in the event of arrest or surrender within six weeks, to be released on provisional anticipatory bail on furnishing bail bonds of Rs.20,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the B.N.S.S. — learned trial court directed to verify the petitioner's criminal antecedents; if antecedents of more than four cases were found, concealment before the Court would be presumed and the provisional order shall not be confirmed, while antecedents of four cases would result in confirmation forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31879 of 2026

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Arising Out of PS. Case No.-236 Year-2025 Thana- MOHIUDDIN NAGAR DistrictSamastipur

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======================================================

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Nitish Kumar S/o Mantu Ray R/o vill - Dharampur, PS- Mohiuddin nagar, District- Samstipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 12-05-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 41, 47 of Bihar Prohibition and Excise Act and Sections 274, 275, 317(5) and 3(5) of the BNS.

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Learned counsel for the petitioner submits that petitioner has antecedent of four cases under the Excise Act and allegation is of recovery of 150 litres of liquor from a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on confessional statement of

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Patna High Court CR. MISC. No.31879 of 2026(2) dt.12-05-2026 2/3

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Prashant in police custody which does not have any evidentiary value. It is also submitted that after amendment in the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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.20,000/- (Rupees twenty 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 Mohiuddin Nagar P.S. Case No.236/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the

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Patna High Court CR. MISC. No.31879 of 2026(2) dt.12-05-2026 3/3

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event if it is found that petitioner has antecedent of more than four cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of four cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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amit/-

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U T

Nitish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Kumar v. The State of Bihar

Case brief

What is this about?

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What the court decided

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