Patna High Court
Jitendra RajvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted to the petitioner on the ground that he was not in control of the seized vehicle at the time of the search and procedural lapses were observed.
Summary
The petitioner, Jitendra Rajvanshi, was implicated in a case (Meskaur P.S. Case No. 40 of 2025) for alleged contravention of Sections 30(a) and 41 of the Bihar Prohibition and Excise Act after 390 litres of illicit liquor were seized, including 150 litres from a motorcycle registered in his name. He contended that the motorcycle had been lent to co‑accused Prince Kumar, that he had no control over it at the time of the search, and that the seizure did not follow the procedure prescribed under Section 105 of the Bharitya Nagrik Suraksha Sanhita (BNSS). The State opposed his request for anticipatory bail. The Court, after considering the facts and the nature of the allegation, granted anticipatory bail on the condition of a bail bond of Rs.10,000 with two sureties and subject to the conditions of Section 482(2) of the BNSS. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of illicit liquor from a vehicle registered in his name.
- Whether the procedural requirements under Section 105 of the BNSS were complied with during the seizure.
- Whether the petitioner’s lack of control over the motorcycle at the time of seizure negates criminal liability.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (BNSS) — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- seizure
- procedural lapse
- motor vehicle
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34646 of 2026
Arising Out of PS. Case No.-40 Year-2025 Thana- MESKAUR District- Nawada
======================================================
Jitendra Rajvanshi son of Ramnath Rajvanshi @ Ramnath Rajwar
RESIDENT OF VILLAGE -NAGWAN, P.S. -FATEHPUR, DISTRICT-
GAYA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad, Adv
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Meskaur P.S. Case No. 40 of 2025 registered
for the offences punishable under Sections 30(a), 41 of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, a total of 390 liters of
illicit liquor was recovered from three motorcycles. From the
motorcycle owned by the petitioner, a total of 150 liters of
country-made liquor was recovered, and one Prince Kumar was
apprehended
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.34646 of 2026(2) dt.19-05-2026
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this case. It has further been submitted that petitioner happens to
be the owner of one of the motorcycles which was recovered
during course of search. It has further been submitted that
apprehended co-accused Prince Kumar took the motorcycle of
the petitioner, and the petitioner in good faith gave his
motorcycle to him without knowing the evil desires of co-
accused Prince Kumar. It has further been submitted that the
motorcycle in question was not under the control of the
petitioner at the time of search and seizure. It has further been
submitted that procedure as prescribed under section 105 of the
BNSS has not been followed.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Meskaur P.S. Case No. 40 of 2025, subject to
the conditions as laid down under Section 482(2) of the Bharitya
Patna High Court CR. MISC. No.34646 of 2026(2) dt.19-05-2026
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Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/rupa-
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