Patna High Court
Jitendra Rai @ Jitendra RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties 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 alleging recovery of 30 litres of liquor from his joint family house. He argued that the liquor was not in his conscious possession, that the concept of deemed possession was removed by the 2018 amendment, and that the complaint originated from a hostile chowkidar. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if only two, the provisional order will be confirmed. Thus, the petitioner received provisional anticipatory bail pending verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the amendment removing deemed possession affects the bail application.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Bihar Excise Act
- deemed possession
- joint family property
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1649 of 2026
Arising Out of PS. Case No.-352 Year-2025 Thana- MADHUBAN District- East Champaran
======================================================
Jitendra Rai @ Jitendra Ray S/o Harinandan Rai R/O Vill.- Kauriya Chakki,
P.S.- Madhuban, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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
petitioner has antecedent of two cases under the excise act and
allegation is of recovery of 30 liters of liquor from house of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.1649 of 2026(2) dt.21-01-2026
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the house or the liquor kept in the house was within his
knowledge and after amendment in the excise act in the year
2018, the concept of deemed possession and presumed offender
has been done away with and the petitioner came to be
implicated at the instance of local Chowkidar with whom he is
on an inimical term. It is also submitted that if Chowkidar was
aware of 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.
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. 352 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.1649 of 2026(2) dt.21-01-2026
3/3
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 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 only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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