Patna High Court
Jitendra KumarversusThe State of Bihar through Inspector of Excise Begusarai
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that mere ownership of the vehicle used in the alleged offence, without proof of possession or involvement, does not preclude the grant of anticipatory bail where the petitioner has a clean antecedent.
Summary
The petitioner, Jitendra Kumar, was implicated in an excise case for alleged recovery of 70 litres of liquor and 300 litres of fermented Jawa Mahua from a motorcycle he owned, though nothing was found in his conscious possession. He claimed a clean antecedent and asserted that he was unaware of any misuse of his vehicle by a friend. The State opposed his prayer for anticipatory bail. The court considered the lack of direct possession, the ownership of the vehicle alone not constituting culpability, and the petitioner's clean record. It granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of antecedents by the trial court, with confirmation contingent on a clean record. The order also required the petitioner to deposit a further amount with the Advocates’ Association.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged excise offences.
- Whether ownership of the vehicle used in the alleged seizure, without proof of possession, is sufficient to deny bail.
Subjects
- anticipatory bail
- excise offences
- vehicle ownership
- clean antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3058 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- EXCISE MANJHAUL District- Begusarai
======================================================
Jitendra Kumar S/O Late Suresh Thakur R/O Vill - Sakruli, P.S -
Cheriabaariyarpur,Dist- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar through Inspector of Excise Begusarai patna bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate
For the Opposite Party/s : Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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),
32(3) and 30(c) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 70 liters of liquor from a motorcycle and from a
place near a bamboo orchard near the house of Pankaj Paswan
along with 300 liters of fermented Jawa Mahua solution which
was destroyed at the spot.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.3058 of 2026(2) dt.28-01-2026
2/3
recovery is from a place which does not belong to the petitioner
and petitioner has no concern with Pankaj and he came to be
implicated based on the fact that he is owner of the seized
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 also submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged.
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.
500/- (Rupees Five Hundred) 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 Excise
Manjhaul P.S. Case No. 81 of 2025 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
Patna High Court CR. MISC. No.3058 of 2026(2) dt.28-01-2026
3/3
in the event if it is found that petitioner has antecedent of even
one case 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 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.