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Patna High Court

Jitendra Sah @ Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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