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Patna High Court

Ajay Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions, pending verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Ajay Kumar Jha, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 1,800 litres of liquor from a motorcycle he owned. He was not arrested at the spot and no liquor was found in his personal possession; the prosecution’s case rests on his ownership of the vehicle used by a friend who allegedly misused it and fled. The petitioner sought anticipatory bail, arguing he was unaware of the misuse and that a prudent person would not use his own vehicle to commit the offence. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, with the bail to be confirmed only if he has no more than two prior cases.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise offence.
  • Whether the petitioner’s ownership of the vehicle, without possession of the seized liquor, suffices to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • criminal antecedent
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29844 of 2026
                   Arising Out of PS. Case No.-26 Year-2026 Thana- RUNNISAIDPUR EXCISE District-
                                                        Sitamarhi
                 ======================================================
                 Ajay Kumar Jha S/O Vedinath Jha R/O Vill- Near State Boding Ward no.1,
                 Near Sbji Chowk, Dakshni Panchhayat Manik Chhuk, P.S- Runni Saidpur,
                 Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Krishna Murari
                 For the Opposite Party/s :     Mr.Md. Nazir Ansari
                 ======================================================
                 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 Sections 30(a) and

                   32(3) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 1.800 litres

                   of liquor from a motorcycle.

                             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 he came to be

                   implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.29844 of 2026(2) dt.05-05-2026
                                            2/3




          vehicle. It is next submitted that no prudent person would use

          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend would misuse the vehicle in the manner as

          alleged, who also fled from the spot.

                   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. 10,000/- (Rupees

          Ten 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 Runnisaidpur P.S.

          Case No. 26 of 2026 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

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

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.29844 of 2026(2) dt.05-05-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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