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Patna High Court

Jitendra Kumar @ Prince Kumar @ PrinceversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.26956 of 2026(2) dt.22-04-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.26956 of 2026(2) dt.22-04-2026
                                                         3/3




                       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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