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Patna High Court

Raju Jha @ Abhishekh Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.

Summary

The petitioner, Raju Jha, feared arrest in a case under the Bihar Excise Act for alleged recovery of 205.5 litres of liquor from his vehicle. He argued that he was not in possession at the time of seizure and was unaware that others would misuse his vehicle, contending that ownership alone should not implicate him. The State opposed his request for anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order is subject to verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Sections 30(a), 32(i)(ii) and 41 of the Bihar Excise Act.
  • Whether ownership of the seized vehicle, without possession of the liquor, suffices to justify denial of anticipatory bail.
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • seizure of liquor
  • vehicle ownership
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15795 of 2026
                      Arising Out of PS. Case No.-368 Year-2023 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Raju Jha @ Abhishekh Kumar Jha Son of Sudheer Jha Resident of Village -
                 Hajipur, Police Station - Sajour, Dist. - Bhagalpur.

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

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

2   16-04-2026               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 Sections 30(a),

                   32(i)(ii) and 41 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 205.5 litres of liquor from a pickup

                   vehicle and a motorcycle.

                             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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.15795 of 2026(2) dt.16-04-2026
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          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Imran would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot along with Aarif.

                   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.

          5,000/- (Rupees Five 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 Sabour

          P.S. Case No. 368 of 2023, 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 one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.15795 of 2026(2) dt.16-04-2026
                                                          3/3




                        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 one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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