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Patna High Court

Jitendra SaperaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s antecedent, and stipulated that confirmation depends on whether he has more than three prior excise cases.

Summary

The petitioner, Jitendra Sapera, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 30 litres of liquor from a public place near a temple. He argued that he was not arrested at the spot, no liquor was found in his possession, the alleged recovery site does not belong to him, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 and two sureties, directing the trial court to verify the petitioner’s criminal antecedent within six weeks. It further held that if the petitioner is found to have more than three prior excise cases, the bail would not be confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused was not arrested at the scene and no liquor was recovered from his possession.
  • Whether the omission of the informant’s name in the FIR and the alleged use of secret information affect the grant of anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent (more than three excise cases) should preclude confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • secret informant
  • criminal antecedent
  • public place
  • liquor recovery
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29822 of 2026
                      Arising Out of PS. Case No.-680 Year-2024 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Jitendra Sapera S/o Birju Sapera Resident of Village- Khatolna Bigha, P.S.-
                 Islampur, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Kumari Sujata Sinha
                 For the Opposite Party/s :       Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 30 litres of liquor from a place near

                   a temple at village Khatola Bigha.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.29822 of 2026(2) dt.05-05-2026
                                            2/3




          at the instance of local people, but then the name of the person,

          who disclosed the name of the petitioner, is not disclosed in the

          FIR, which casts an aspersion on the case of the prosecution,

          when petitioner has not been implicated based on secret

          information. It is further submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

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

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees

          Fifteen Thousand) with two sureties of the like amount each to the

          satisfaction of the learned trial court where the case is

          pending/successor court in connection with Islampur P.S. Case No.

          680 of 2024, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the
              Patna High Court CR. MISC. No.29822 of 2026(2) dt.05-05-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than

                        three cases then it would be presumed that petitioner, for the

                        purposes of seeking anticipatory bail, had concealed his antecedent

                        before this Court, as such, the provisional anticipatory bail order

                        shall not be confirmed, but after verification if it is found that

                        petitioner has antecedent of three cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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