Patna High Court
Jitendra Kumar @ Golu ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Jitendra Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 461.91 litres of liquor from two vehicles. He contended that he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the seized vehicles, arguing that his inclusion in the FIR was based on secret information. The petitioner, who has six prior criminal cases, sought anticipatory bail, while the State opposed the relief. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.30,000 and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order conditioned the trial court to verify the petitioner’s antecedent; if more than six cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case involving alleged liquor recovery under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s prior criminal antecedent of six cases precludes the grant of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37427 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- Panapur District- Muzaffarpur
======================================================
Jitendra Kumar @ Golu Thakur S/o Ram Ekbal Thakur Resident of Village-
Arara, P.S.- Panapur Kariyat, District- Muzaffarpur, Mobile No. 8757120173
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Ms. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases out of which one case is
under the Excise Act and allegation is of recovery of 461.91
litres of liquor from two different vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated at the instance of the local person but
then the name of the person who disclosed the name of the
Patna High Court CR. MISC. No.37427 of 2026(2) dt.16-06-2026
2/3
petitioner is not disclosed in the FIR which casts an aspersion
on the case of the prosecution, when petitioner has not been
implicated based on the secret information. It is also submitted
that off late the police have started implicating accused with
criminal antecedent in cases relating to liquor for obvious
reason without holding a proper investigation.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.30,000/-
(Rupees Thirty 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 Panapur Kariyat
P.S. Case No. 49 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than six
cases, it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.37427 of 2026(2) dt.16-06-2026
3/3
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only six cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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