Patna High Court
CR. MISC./56093/2026 of Nitish Kumar Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56093 of 2026 Arising Out of PS. Case No.-131 Year-2026 Thana- BHORE District- Gopalganj ====================================================== Nitish Kumar son of Nanji Bhagat @Nandji Bhagat @ Nand Kishor Bhagat Resident of Village- Husepur
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56093 of 2026
Arising Out of PS. Case No.-131 Year-2026 Thana- BHORE District- Gopalganj ======================================================
Nitish Kumar son of Nanji Bhagat @Nandji Bhagat @ Nand Kishor Bhagat Resident of Village- Husepur PS -Bhore, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Deepankar Raj
For the Opposite Party/s :
Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
18-08-2026
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 petitioner has antecedent of six cases out of which five cases are under the Excise Act and allegation is of recovery of 243 liters of liquor concealed near a tree at Jin Baba temple.
4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at large and he came to be Patna High Court CR. MISC. No.56093 of 2026(2) dt.18-08-2026
implicated at the instance of local person, but then it is submitted that if local person was aware of the involvement of the petitioner 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.
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 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. 30000/- (Rupees Thirty 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 Bhore P.S. Case No. 131 of 2026 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 more than six cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his Patna High Court CR. MISC. No.56093 of 2026(2) dt.18-08-2026
antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of six cases only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
Rishabh/- (Satyavrat Verma, J) U T