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Patna High Court

Jitendra Kumar Singh @ Jitendra SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                         3/3




                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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