Created by Fuzzy Cloud

Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to bond and verification of antecedents.

Summary

The petitioners, six individuals from Gaya district, applied for anticipatory bail under Sections 318(4), 112(2) and 61(1) of the Bihar Narcotic Substances Act, Section 11 of the Bengal Gambling Act, 1867 and Section 30(A) of the Excise Act, alleging that liquor (2.55 litres) was recovered near Ajay Chauhan’s house and 22 vehicles owned by them were seized. They contended that they were not arrested at the spot, had no conscious possession of the liquor, and that ownership of the vehicles did not imply participation in the alleged offence. The State opposed the bail, arguing that the facts warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs 500 each with two sureties and conditions under Section 438(2) of the CrPC, directing verification of the petitioners’ criminal antecedents. The order stipulated that if any antecedent is found, the bail would be revoked; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC should be granted to the petitioners despite the alleged recovery of liquor and seizure of vehicles.
  • Whether the mere ownership of the seized vehicles and proximity to the alleged crime scene constitute sufficient grounds to deny bail.
  • Whether the evidence presented establishes a prima facie case warranting denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • liquor seizure
  • excise law
  • gambling act
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38519 of 2026
                     Arising Out of PS. Case No.-144 Year-2026 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
           1.     Jitendra Kumar S/O Girani Prasad R/O Village - Baradih P.S.- Muffasil,
                  District - Gaya ji
           2.    Uday Kumar S/O Nathun Yadav R/O Village- Chutiya Pandey, PS-
                 M.M.C.H., Distt-Gaya ji
           3.    Puniya Devi W/O Rayat Bind R/O Village - Ajamatganj, P.S.- Paraiya,
                 District - Gaya ji
           4.    Shailesh Kumar S/O Ramotar Prasad R/O Village - Lakhanpur, P.S.-
                 Muffasil, District - Gaya ji
           5.    Ajay Kumar Chaudhary @ Ajay Chaudhary S/O Barho Chaudhary R/O
                 Village - Bhusunda, P.S.- Muffasil, District - Gaya ji
           6.    Shankar Bind S/O Ishwar Bind R/O Village - Bhusunda, P.S.- Muffasil,
                 District - Gaya ji

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pushp Raj Singh
                 For the Opposite Party/s :       Mr.Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  1. Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in anticipation of their arrest

                   in a case registered for the offences punishable under Sections

                   318(4), 112(2) and 61(1) of the B.N.S. and Section 11 of the

                   Bengal Gambling Act, 1867 and Section 30(A) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners are persons with clean antecedent and petitioner

                   no.3 is a woman and the allegation is of recovery of 2.55 litres of
Patna High Court CR. MISC. No.38519 of 2026(2) dt.18-06-2026
                                            2/3




          liquor from a place near the gate of Ajay Chauhan’s house and 22

          vehicles parked near the gate of the said house were also seized.

                       4. The learned counsel for the petitioners submits that

          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and even alleged

          recovery is from a place, which does not belong to the petitioners,

          but then is adjacent to the house of Ajay Chauhan and they came

          to be implicated based on the fact that they are owner of six of the

          seized vehicles. It is next submitted that no prudent person would

          use their own vehicle for committing a crime and thus, would

          create evidence against themself and hence, would get implicated.

          It is also submitted that it does not appear probable that 22

          vehicles would have been used for carrying 2.55 liquor which

          amply demonstrates that the manner in which police investigates

          and implicates.

                       5. Learned A.P.P.          opposes      the   anticipatory   bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in the

          sum of Rs.500/- (Rupees Five Hundred) each with two sureties of
               Patna High Court CR. MISC. No.38519 of 2026(2) dt.18-06-2026
                                                           3/3




                         the like amount each to the satisfaction of the learned Trial Court

                         where the case is pending/ successor Court in connection with

                         Muffasil P. S. Case No.144 of 2026, subject to the conditions laid

                         down under Section 438(2) of the Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioners shall verify

                         the criminal antecedent of the petitioners and in the event, if it is

                         found that petitioners have antecedent of even one case, then it

                         would be presumed that petitioners for the purposes of obtaining

                         anticipatory bail had concealed their antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that petitioners

                         are persons with clean antecedent, in that event, the provisional

                         anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.