Created by Fuzzy Cloud

Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.