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Patna High Court

Jitendra Kumar @ Jitendra Saw @ Jitendra SahuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner’s prior similar convictions outweighed the lack of direct incriminating material.

Summary

The petitioner, Jitendra Kumar, was named as an accused in a case (PS Case No. 223 of 2026) for alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act after 256.98 litres of illicit liquor were seized from a co‑accused’s house. The petitioner argued that no incriminating material was found in his possession and that his involvement was only on suspicion, seeking anticipatory bail. The State opposed the bail, highlighting three prior criminal records, two of which were of a similar nature involving prohibited liquor. The Court examined the relevance of the petitioner’s criminal antecedents and the lack of direct evidence against him. Considering the seriousness of the offence and the petitioner’s past similar convictions, the Court refused the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to an accused who has no material in his possession but is implicated by suspicion
  • Whether the petitioner’s prior criminal antecedents of a similar nature justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27595 of 2026
                      Arising Out of PS. Case No.-223 Year-2026 Thana- JAKKANPUR District- Patna
                 ======================================================
                 Jitendra Kumar @ Jitendra Saw @ Jitendra Sahu S/o Tileshwar Saw R/o- 7,3
                 Ajad Lane Purandarpur, P.S.- Jakkanpur, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Jiban Pd Singh, Advocate
                 For the Opposite Party/s :       Md. Nazir Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Jakkanpur P. S. Case

                   No. 223 of 2026 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 256.98 liters illicit liquor

                   was recovered from the house of co-accused Shankar Prasad

                   Gupta.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. He has been made accused in this

                   case only on suspicion.

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

                   bail and submits that the petitioner has got three criminal

                   antecedents out of which two are of similar nature.
              Patna High Court CR. MISC. No.27595 of 2026(2) dt.04-05-2026
                                                          2/2




                                     6. Considering the criminal antecedents of similar

                        nature, prayer for anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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