Patna High Court
Jitu @ Jitendra RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Jitu @ Jitendra Rajbanshi, was implicated in a case (S.P.S. No.55 of 2026) for allegedly selling illegal country-made liquor, with police claiming to have seized 110 litres from his field under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that the seizure was fabricated, that the field was open to all, and that he had no involvement in the alleged offence, though he has a prior criminal record unrelated to the present charge. The State opposed the petition for anticipatory bail, arguing the seriousness of the offence. The High Court, after considering the submissions, granted anticipatory bail under Section 438 of the CrPC, subject to a bail bond of Rs.10,000 with two sureties and several conditions regarding court attendance and conduct. The order emphasized that any observations made would not affect the trial, and the bail could be cancelled if conditions are breached.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the allegations of false implication and lack of seizure from the petitioner's field warrant denial of bail.
Legislation cited
- Bihar Negotiable Sale of Spirits (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition Act
- Section 30
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33428 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- SIRDALA District- Nawada
======================================================
Jitu @ Jitendra Rajbanshi, S/o Bharat Rajbanshi, R/o Rabio, P.S. - Sirdala,
Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 18-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State through virtual mode.
2. Petitioner apprehends his arrest in connection with
Sirdala P.S. Case No. 55 of 2026 registered for the offence
under Section 30(a) Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. The prosecution case is to the effect that the police
got secret information that the accused is selling illegal wine
from his Khalihan, upon which a raid was conducted and one
person managed to flee from the Khalihan and the local persons
and chowkidar disclosed the name of the said person as Jitu @
Patna High Court CR. MISC. No.33428 of 2026(2) dt.18-05-2026
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Jitendra Rajbanshi (petitioner). On search total 110 liters of
country made liquor was recovered from the Khalihan of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case and no
such seizure has been made from his Khalihan. It has further
been submitted that the co-villagers, in connivance with the
local chowkidar, have falsely implicated this petitioner, who has
no concern whatsoever with the alleged seized illicit liquor. It
has next been submitted that the liquor has been recovered from
an open field which was accessible by all and therefore, the
petitioner has falsely been implicated in the said case cannot be
ruled out. It has lastly been submitted that the petitioner has one
criminal antecedent, but it is not of the offence as alleged in the
present case.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
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bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Sirdala P.S. Case No. 55 of 2026, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is
found that the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
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8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
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