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Patna High Court

Jitendra Kumar @ Golu ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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