Patna High Court

JITENDRA KUMAR @ TINKU KUMAR @ JITENDRA KUMAR SINGHversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that anticipatory bail is warranted given the petitioner's clean antecedent and lack of incriminating material, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Jitendra Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 6.2 litres of illicit liquor from a house belonging to Ram Pravesh Chaudhary. The prosecution alleged that the petitioner fled the scene when police arrived, while the petitioner claimed he had no involvement, no possession of the liquor, and a clean antecedent, offering to cooperate with the investigation. The State opposed the bail application. The court examined the nature of the allegation, the petitioner's clean record, and the absence of incriminating material against him. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was conditioned on surrender before the Special Judge Excise‑I within six weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the material on record justifies denial of bail.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to impose bail conditions.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
illicit liquor
clean antecedent
Section 30(a)
Section 482(2)
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27894 of 2026
                       Arising Out of PS. Case No.-39 Year-2026 Thana- BADHAILA District- Rohtas
                 ======================================================
                 Jitendra Kumar @ Tinku Kumar @ Jitendra Kumar Singh S/o Sri Guthali
                 Chaudhary R/o vill - Ghordihi, P.s.- Baghaila, Distt.- Rohtas At Sasaram
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chhote Lal Mishra, Advocate.
                 For the Opposite Party/s :       Mr. Nagendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   29-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Baghaila P.S. Case No.39 of 2026 instituted under Sections

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

                                3. As per the prosecution case, there is recovery of 6.2

                   liters illicit country made liquor from the house (Bhusa Ghar) of

                   one Ram Pravesh Chaudhary. It is alleged that petitioner fled

                   away from the spot on seeing the Police team.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this

                   case. He further submits that petitioner has no concern either

                   with the alleged seized liquor or with the house (Bhusa Ghar)

                   from where the recovery has been made. Learned counsel

                   submits that there is no material against the petitioner and no
              Patna High Court CR. MISC. No.27894 of 2026(2) dt.29-04-2026
                                                          2/2




                        incriminating article has been recovered from his conscious

                        possession. He further submits that petitioner has got clean

                        antecedent and he undertakes to cooperate in the investigation

                        and trial of the case.

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

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioner as well as his

                        clean antecedent, in the event of arrest or surrender before the

                        Court below within six weeks from today, the petitioner be

                        released on bail upon furnishing bail bonds of Rs.10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount to

                        each to the satisfaction of the learned Special Judge Excise-I,

                        Rohtas at Sasaram/ concerned Court in connection with

                        Baghaila P.S. Case No.39 of 2026, subject to the conditions laid

                        down in Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T

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