Patna High Court
Jitendra Rai @ Jitendra RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to conditions and verification of antecedents under Section 482(2) of the BNSS.
Summary
The petitioner, Jitendra Rai, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(i) of the Bihar Excise Act, alleging recovery of 30 litres of liquor from the Ganga river bank. He argued that the liquor was not in his possession, the location was public, and the complaint was filed by a hostile watchman who had not reported the matter earlier. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. It directed that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending excise case.
- Whether the circumstances of alleged recovery and lack of possession justify bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 41(i)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor recovery
- public place
- criminal antecedent
- Section 30
- Section 41
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41722 of 2026
Arising Out of PS. Case No.-140 Year-2026 Thana- DIGHWARA District- Saran
======================================================
Jitendra Rai @ Jitendra Ray S/O Madan Ray R/O Village- Habaspur Diyara,
P.S.- Sahpur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas
For the Opposite Party/s : Ms.Sangeeta Sharma
======================================================
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 offences punishable under Sections 30(a) and
41(i) 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 30 litres of liquor from bank of
Ganga river.
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 even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.41722 of 2026(2) dt.30-06-2026
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at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware about
the involvement of the petitioner in the occurrence, then why he
did not inform the police prior to institution of the instant FIR,
which casts an aspersion on the case of the prosecution. 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 Dighwara P.S. Case
No. 140 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
Patna High Court CR. MISC. No.41722 of 2026(2) dt.30-06-2026
3/3
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 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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