Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Jitendra Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 180 litres of liquor from his Maruti Dzire. He was not arrested at the scene and the liquor was not found in his immediate possession; the allegation rests on his ownership of the vehicle, which his friend allegedly used and then fled. The petitioner, who has a clean antecedent, sought anticipatory bail, arguing that he was unaware of the misuse of his car. The State opposed the bail. The High Court granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and ordered verification of the petitioner’s criminal antecedent, stipulating that the bail would be confirmed only if no prior cases are found.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged possession of liquor in a vehicle he owns but did not control at the time of seizure.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- clean antecedent
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20478 of 2026
Arising Out of PS. Case No.-508 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Jitendra Kumar S/O Mohan Prasad @ Mohan Singh Resident of village-
Palatpur, Post- Katauna, Police Station- Katrisarai, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvottam Kumar
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 180 litres of liquor from a Maruti Dzire car.
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
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.20478 of 2026(2) dt.31-03-2026
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that his friend would misuse the vehicle in the manner as
alleged, who also fled from the spot.
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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds 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 Rahui P.S. Case No. 508 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 Court
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 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 is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.20478 of 2026(2) dt.31-03-2026
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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