Patna High Court
Jitendra Kumar Singh @ Jitendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedents and compliance with bond and surety conditions under Section 482(2).
Summary
The petitioner, Jitendra Kumar Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 for alleged recovery of 77.76 litres of liquor from a vehicle he owned. He argued that the liquor was not found in his personal possession, the vehicle had been stolen before the incident, and he was being implicated solely because of his ownership and prior four excise cases. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs 20,000 and two sureties, subject to verification of his criminal antecedents. The court directed that if the verification shows more than four prior cases, the bail would not be confirmed; if exactly four, the bail would be confirmed immediately. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
- Whether ownership of a vehicle from which liquor was recovered suffices for arrest
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedents
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10320 of 2026
Arising Out of PS. Case No.-248 Year-2017 Thana- DAUDNAGAR District- Aurangabad
======================================================
Jitendra Kumar Singh @ Jitendra Singh Son of Suryanath Singh Resident of
village- Kanak Narayanpur, Ps- Buxar, Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Dimpal Kumari
For the Opposite Party/s : Mr. Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 77.76 litres of liquor from a car. 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
the seized vehicle. It is also submitted that the vehicle was
stolen prior to the occurrence for which FIR being Gahmar P.S.
Case No.473/2017 was instituted on 13.09.2017, but police in
Patna High Court CR. MISC. No.10320 of 2026(3) dt.16-03-2026
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mechanical manner without holding a proper investigation
falsely implicated the petitioner because of his antecedents.
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 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 Daudnagar P.S. Case No.248/2017, 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 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
Patna High Court CR. MISC. No.10320 of 2026(3) dt.16-03-2026
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be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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