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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner with conditions, holding that the lack of conscious possession and the cited precedent justify relief despite the statutory bar.

Summary

The petitioner, Jitendra Kumar, sought anticipatory bail fearing arrest in a case alleging seizure of 233.265 litres of foreign liquor under section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case was based on a secret raid and the testimony of a chowkidar, but no liquor was found in the petitioner’s conscious possession. The petitioner argued that the allegation did not constitute an offence and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in section 76(2) if no offence is made out. The court, considering the lack of possession and the precedent, granted anticipatory bail subject to a Rs 5,000 contribution to the District Legal Services Authority and several bail conditions. The order also directed the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to comply with reporting and conduct requirements.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under section 76(2).
  • Whether the absence of liquor in the petitioner’s conscious possession negates the existence of an offence under section 30(a).
  • Whether the petitioner is entitled to anticipatory bail given his criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • conscious possession
  • seizure of foreign liquor
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29499 of 2026
                      Arising Out of PS. Case No.-105 Year-2026 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Jitendra Kumar S/o- Raj Kumar Singh Resident of Village- Arniya Math ward
                 No- 14 Police Station- Jandaha, Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar, Advocate
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   06-05-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Jandaha P.S. Case No. 105 of 2026 for the

                   offence under section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                3. As per the prosecution story, the Police on secret

                   information, raided the ‘bathan’ of the petitioner and there is

                   recovery/seizure of 233.265 liters of foreign liquor. The

                   ‘chowkidar’ named him which led to the FIR.

                                4. Learned counsel for the petitioner submits that only

                   because of criminal antecedent, the chowkidar has implicated

                   him and nothing has been recovered from his conscious

                   possession. The last submission is that without accepting the

                   allegation and/or the outcome of the present case, the petitioner
Patna High Court CR. MISC. No.29499 of 2026(2) dt.06-05-2026
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          intends to contribute Rs. 5,000/- to the District Legal Services

          Authority, Vaishali for putting up flower pots in the Civil Court

          Campus of Vaishali Judgeship through Demand Draft issued by

          the local branch of the State Bank of India.

                       5. Further, learned counsel for the petitioner relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that he

          has criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from his conscious

          possession, in that background, this Court is inclined to extend

          him the privilege of anticipatory bail with conditions subject to

          payment of Rs. 5,000/- to the District Legal Services Authority,

          Vaishali for putting up flower pots in the Civil Court Campus of
Patna High Court CR. MISC. No.29499 of 2026(2) dt.06-05-2026
                                            3/4




          Vaishali Judgeship through Demand Draft issued by the local

          branch of the State Bank of India and the receipt of the

          expenditure shall be submitted to the trial Court by the DLSA,

          Vaishali.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Exclusive Special Excise Court No. 1-

          cum-District and Additional Sessions Judge, Vaishali at Hajipur

          in connection with Jandaha P.S. Case No. 105 of 2026 subject to

          the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;
          Patna High Court CR. MISC. No.29499 of 2026(2) dt.06-05-2026
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                                 (iv) the petitioner shall appear before the concerned

                    police station every fortnight for six months to mark his

                    attendance and after the end of the period, the certificate shall be

                    submitted before the Trial Court failing which steps shall be

                    taken for the cancellation of the bail bonds;

                                 (v) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (vi) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.

                                 9. A copy of the order be sent to the Principal District

                    and Sessions Judge, Vaishali for his/her perusal and needful.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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