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Patna High Court

Jitendra Kumar @ Kallu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Jitendra Kumar (Kallu Yadav), sought anticipatory bail after learning that he might be arrested in a case under Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for allegedly transporting 650 ml of liquor in his vehicle. He argued that the liquor was recovered from the vehicle, not from his personal possession, and that he was unaware that Nand Kishore, who was apprehended at the spot, would misuse the vehicle. The petitioner disclosed three prior criminal cases and contended that ownership of the vehicle alone should not render him culpable. The State opposed the bail. The court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s antecedents, stating that if more than three prior cases are found, the bail would not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(A) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the vehicle used for the alleged offence suffices to justify arrest without possession of the contraband.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Section 30(A)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24686 of 2026
                       Arising Out of PS. Case No.-734 Year-2023 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Jitendra Kumar @ Kallu Yadav S/o Dadu Yadav Resident of Mohalla- Gewal
                 Bigha Bathan, Police Line Road, Gayaji, P.S.- Rampur, District- Gayaji

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

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

2   20-04-2026                  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 offence punishable under Section 30(A) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases and allegation is of

                   recovery of 650 ml of liquor from a car. It is next submitted that

                   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

                   create evidence against himself and hence would get implicated.
Patna High Court CR. MISC. No.24686 of 2026(2) dt.20-04-2026
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          It is also submitted that the petitioner was completely unaware

          that Nand Kishore would misuse his vehicle in the manner as

          alleged who was also apprehended from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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.15,000/- (Rupees fifteen 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 Sherghati (Dhobi) P.S. Case No.734/2023,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          three cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of three
             Patna High Court CR. MISC. No.24686 of 2026(2) dt.20-04-2026
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                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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