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Patna High Court

Jitendra RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond conditions and verification of his criminal antecedents.

Summary

The petitioner, Jitendra Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 40 litres of liquor from a location adjacent to his house. He argued that the liquor was not in his possession, the site did not belong to him, and the complainant (the chowkidar) failed to inform police earlier, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedents within six weeks. It further directed that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged facts and lack of possession justify granting bail.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • bail conditions
  • criminal antecedent
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.151 of 2026
                 Arising Out of PS. Case No.-385 Year-2025 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Jitendra Rai Son of Harinandan Rai Resident of village - Kauriya Chakki,
                 P.S.- Madhuban, District - East Champaran

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

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

2   13-01-2026               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 the

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 40 litres of liquor from a place behind thatched hut

                   of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner,

                   but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.151 of 2026(2) dt.13-01-2026
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          the instance of Chowkidar but then it is submitted that if the

          Chowkidar was aware about 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. It is further submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   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.

          10,000/- (Rupees Ten 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

          Madhuban P.S. Case No. 385 of 2025, subject to the conditions

          as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial
              Patna High Court CR. MISC. No.151 of 2026(2) dt.13-01-2026
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                        Court shall verify the criminal antecedent of the petitioner and

                        in the event if it is found that petitioner has antecedent of more

                        than two cases then it would be presumed that petitioner, for the

                        purposes of seeking anticipatory bail, had concealed his

                        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 two

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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