Patna High Court
Jitendra Singh @ Jitendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Jitendra Singh, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 9 litres of illicit liquor were recovered from a water tank near his residence. He contended that he neither owned nor had constructive possession of the tank, asserting that the recovery was unrelated to him and that he was falsely implicated based on a hostile informant. The State opposed bail, highlighting the petitioner's four prior criminal antecedents, three of which were excise cases, albeit all pending on bail. The Court noted that the recovery was not from the petitioner's constructive possession and, despite his antecedents, inclined to grant anticipatory bail. Accordingly, the Court ordered that the petitioner be released on bail within four weeks upon furnishing a bond and complying with conditions under Section 482(2) of the BNSS, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband was recovered from a location not under the petitioner's constructive possession.
- Whether the petitioner's prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- constructive possession
- Bihar Prohibition and Excise Act
- prior criminal antecedents
- bail conditions
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34024 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- PANAPUR District- Saran
======================================================
Jitendra Singh @ Jitendra Kumar Singh S/O Late Kishor Singh R/O Vill.-
Fakuli Panapur, P.S- Panapur , Dist -Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Adv.
For the Opposite Party/s : Mr.Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through video conferencing.
2. The petitioner is apprehending his arrest in
connection with Panapur P.S. Case No. 106 of 2026 for the
offence punishable under sections 30(a) of the Bihar Prohibition
and Excise Act, lodged on 06.04.2026 by the informant.
3. As per the prosecution case, there has been
recovery of 9 litres of illicit liquor, allegedly, from the vicinity
of the house of the petitioner. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the
recovery is said to have been made from a water tank situated in
the vicinity of the house of the petitioner and not from the
constructive possession of the petitioner. The petitioner is an
innocent person who runs a vehicle service Centre and he has
falsely been implicated in this case on the basis of statement of
Patna High Court CR. MISC. No.34024 of 2026(2) dt.25-05-2026
2/3
Mahal Chaukidar who is on inimical terms with the petitioner.
The petitioner is neither the owner of the said water tank nor
does he take care of the same. It has next been fairly submitted
that the petitioner has got four criminal antecedent, out of
which, three relates to the excise case but he is on bail in all
those four cases.
5. Learned APP opposes the prayer for anticipatory
bail submitting that the petitioner has got four antecedents.
6. Considering the fact that the recovery has not been
made from the constructive possession of this petitioner and he
is also not the owner of the water tank from where the recovery
is said to have been made, this Court is inclined to extend him
the privilege of anticipatory bail.
7. Let the petitioner, above named, 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 Special Judge, Excise- 2nd
Saran at Chapra in connection with aforesaid PS Case, subject
to the conditions as laid down under Section 482(2) of the
BNSS as well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
Patna High Court CR. MISC. No.34024 of 2026(2) dt.25-05-2026
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who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) 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;
(iii) the petitioner(s) 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;
(iv) the petitioner(s) 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.
(Ajit Kumar, J)
perwez
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