Patna High Court
Jitendra Sah @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond conditions and verification of his criminal antecedent.
Summary
The petitioner, Jitendra Sah, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32, 36 and 41 of the Bihar Excise Act concerning the alleged recovery of 882 litres of liquor from a truck. He contended that he was not in possession of the liquor, was not the owner of the seized vehicle, and was implicated by a hostile chowkidar, while the other accused had not disclosed his name. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the CrPC, with the proviso that the bail may be cancelled if more than two prior cases are found.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case.
- Whether the petitioner’s alleged lack of possession and ownership of the seized vehicle negates the basis for arrest.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for granting provisional anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 32, 36, 41
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- provisional bail
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38425 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- KARPURIGRAM District- Samastipur
======================================================
Jitendra Sah @ Jitendra Kumar S/o Sagun Sah @ Ram Sagun Sah R/o village
- Nirpur , Police Station - Karpurigram , District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mahendra Pratap
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 offences punishable under Sections 30(a), 32,
36 and 41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 882 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chowkidar with whom he is on an inimical term. It is next
submitted that Sarfraz and Md Sahid were arrested but they
Patna High Court CR. MISC. No.38425 of 2026(2) dt.18-06-2026
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have not disclosed the name of the petitioner. It is further
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information 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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten 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
Karpurigram P.S. Case No. 42 of 2026 subject to the conditions
as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.38425 of 2026(2) dt.18-06-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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