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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedent.

Summary

The petitioner, Jitendra Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 30 litres of liquor from two motorcycles. He argued that he has a clean antecedent, was not in possession of the liquor at the time of seizure, and was implicated merely because he owned one of the motorcycles. The State opposed the grant of anticipatory bail. The Court considered the submissions and directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The order also stipulated that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act
  • Whether ownership of the vehicle used in the alleged offence makes the owner liable for anticipatory bail denial
  • Whether the petitioner’s clean antecedent is a requisite condition for confirming anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • clean antecedent
  • provisional bail
  • vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13911 of 2026
                          Arising Out of PS. Case No.-148 Year-2024 Thana- AMAS District- Gaya
                 ======================================================
                 Jitendra Kumar S/o Baban Yadav Resident of Village- Baratanr (Baratand),
                 P.S.- Bankeybazar, District- Gaya

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binod Murari Mishra
                 For the Opposite Party/s :        Mr.Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 30 litres of liquor from two different motorcycles.

                                4. The learned counsel for the petitioner submits 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 one of the

                   seized motorcycles. It is next submitted that no prudent person

                   would use his own vehicle for committing a crime and thus,
Patna High Court CR. MISC. No.13911 of 2026(2) dt.15-04-2026
                                            2/3




          would create evidence against himself and hence, would get

          implicated. It is further submitted that petitioner was completely

          unaware that Upendra Yadav would misuse the vehicle in the

          manner as alleged as he was also apprehended at the spot along

          with Binod Yadav.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Amas P. S. Case No.148 of 2024, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner 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
               Patna High Court CR. MISC. No.13911 of 2026(2) dt.15-04-2026
                                                           3/3




                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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