Patna High Court
Jitendra Kumar @ Prince Kumar @ PrinceversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and verification of criminal antecedents.
Summary
The petitioner, Jitendra Kumar, was implicated in a case (Town P.S. No. 156 of 2026) for alleged possession and recovery of 121 litres of illicit liquor, alleged under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s case rested on a statement by the petitioner’s father, who was also arrested, and no liquor was found in the petitioner’s personal possession. The petitioner asserted his innocence, clean antecedent, and that his name appeared only because of the father’s statement. The State opposed the grant of anticipatory bail. The High Court, considering the facts, granted anticipatory bail subject to a bail bond of Rs 30,000 under Section 2(1)(d) of the B.N.S.S., 2023 and conditions under Section 482(2) of the same Act, directing the trial court to verify any criminal antecedents and cancel the bail if concealment is discovered.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the B.N.S.S., 2023 despite the FIR and recovery of illicit liquor.
- Whether the statement of a co‑accused (the petitioner’s father) suffices to justify denial of bail.
Legislation cited
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
- section 30(a)
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26956 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Jitendra Kumar @ Prince Kumar @ Prince son of Birendra Ram Resident Of
Village - Yamuna nagar Shahpur Ps- Town, District -Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Town P.S. Case No. 156 of 2026 lodged on 28.02.2026, for
the offence punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioner.
Total recovery of 121 litres of illicit liquor has been made,
which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
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submits that nothing has been recovered from the conscious
possession of the petitioner and his name has come in this case
only on the basis of statement made by the apprehended person.
Counsel submits that the apprehended person is the father of the
petitioner. Counsel submits that the alleged recovery has been
made from the joint house of the petitioner and his father is also
arrested by the police from his house. Counsel further submits
that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of D.A.S.J.-
cum-Exclusive Special Judge, Excise Court No.1, Aurangabad
in connection with Town P.S. Case No. 156 of 2026, subject to
the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
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antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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