Patna High Court
Jitendra RamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Jitendra Ram, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 18 litres of liquor recovered from a motorcycle. He contended that he was not the owner of the vehicle, had no conscious possession of the liquor, and that the alleged transfer of the motorcycle to him was unsupported by any document. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing the trial court to verify the petitioner’s criminal antecedents. If any antecedent is found, the bail will not be confirmed; if none is found, the bail will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedent
- seizure of liquor
- motor vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41590 of 2026
Arising Out of PS. Case No.-408 Year-2022 Thana- MAJORGANJ District- Sitamarhi
======================================================
Jitendra Ram S/o Rampravesh Ram @ Ram Pravesh Ram Resident of
Village- Basantpatti, P.S- Purnahiya, District- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhubala Verma
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 18 litres of liquor from a motorcycle. It is next
submitted that 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 owner of the motorcycle Ajay Thakur, who
disclosed that he has sold the said motorcycle to the petitioner
but then it is submitted that petitioner never purchased the
Patna High Court CR. MISC. No.41590 of 2026(2) dt.30-06-2026
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motorcycle nor Ajay produced any document showing legal
transfer of the motorcycle in question.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.500/- (Rupees five hundred) 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 Majorganj P.S. Case No.408/2022, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.41590 of 2026(2) dt.30-06-2026
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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