Patna High Court
Jitendra Yadav @ JitoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that there was no prima facie evidence of the petitioner's conscious possession of the illicit liquor, and therefore granted anticipatory bail.
Summary
The petitioner, Jitendra Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor and violations of the Arms Act, with 13 litres of liquor seized from a motorcycle and 21 litres from a house. He contended that he had no connection to the motorcycle and that the house was rented by a co‑accused, arguing that his criminal antecedent should not alone justify denial of anticipatory bail. The prosecution opposed the bail, relying on the seizure and his prior cases. The court examined whether the seized liquor was found in the petitioner's conscious possession and held that it was not prima facie linked to him. Consequently, the court granted anticipatory bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is prima facie in possession of the seized illicit liquor.
- Whether the petitioner’s prior criminal antecedent justifies denial of anticipatory bail.
- Whether anticipatory bail should be granted under Section 438(2) of the CrPC in the present facts.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- prohibition act
- arms act
- criminal antecedent
- prima facie evidence
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40047 of 2026
Arising Out of PS. Case No.-96 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
Jitendra Yadav @ Jito, S/o Rupa Yadav, Resident of Village - Nichali Bazar,
Giriyak, P.S. - Giriyak, District - Nalanda.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar No. I, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Giriyak P.S. Case
No.96 of 2026 registered under Section 30 (a) of the Bihar
Prohibition and Excise (Amendment) Act as well as Sections
25(1-B)(a), 26 and 35 of the Arms Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 13 liters of IMFL/country-made liquor from
motorcycle and 21 liters from house of house.
4. It is submitted by learned counsel appearing for
petitioner that petitioner is not connected in any manner with
Patna High Court CR. MISC. No.40047 of 2026(2) dt.22-06-2026
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the seized motorcycle. It is also pointed out that even the
house from where 21 liters of illicit liquor was said to be
recovered was taken on rent by co-accused Ajay Kumar. It is
pointed out that on the basis of disclosure made by
apprehended co-accused namely, Ajay Yadav and Arvind
Kumar, the name of this petitioner transpired with present
recovery of illicit liquor. It is pointed out that the reason for
suspicion qua implication of petitioner with present recovery
is also his criminal antecedent, as he found involved in nine
more criminal cases, where he is on bail in eight cases. It is
submitted that if the merit of case is otherwise in favour of
accused merely on the basis of his criminal antecedent, the
prayer of bail ordinarily should not be rejected and in
support of his submission, learned counsel has relied upon
legal report of Hon’ble Supreme Court as available through
Prabhakar Tewari vs. State of U.P. & Ors. [(2020) 11
SCC 648].
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
Patna High Court CR. MISC. No.40047 of 2026(2) dt.22-06-2026
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taking of note of fact as recovery of alleged illicit liquor
prima facie not appears to be made from conscious physical
possession of this petitioner, accordingly, the petitioner,
above-named, in the event of his arrest or surrender in the
court below within a period of four weeks from today, is
directed to be released on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned District
and Additional Session Judge-V-cum-Special Judge (Excise),
Bihar Sharif, Nalanda in connection with Giriyak P.S. Case
No.96 of 2026, subject to the conditions as laid down under
Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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