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Patna High Court

Jitendra RamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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