Patna High Court
Jitendra Nut @ Jitendra NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, as the liquor was not found in his conscious possession.
Summary
The petitioner, Jitendra Nut, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, with 60 litres of liquor recovered near his house. He contended that the recovery was made in a public area, he was not present, and the liquor was not in his conscious possession; the only basis for his inclusion was a local chowkidar's disclosure. The Additional Public Prosecutor opposed his anticipatory bail. The court examined the factual submissions and noted that the liquor was not prima facie in the petitioner's possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged involvement in illicit liquor trade.
- Whether the recovery of illicit liquor was made from the petitioner's conscious possession, justifying denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 CrPC
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41839 of 2026
Arising Out of PS. Case No.-162 Year-2026 Thana- ISUAPUR District- Saran
======================================================
Jitendra Nut @ Jitendra Nat S/O Late Dinesh Nut R/O Village - Isuapur, P.S-
Isuapur,Dist- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Nalin Kumar, Advocate
For the Opposite Party : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 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 Isuapur P.S. Case
No.162 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 60 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner arrayed solely
on the disclosure made by the local chowkidar. It is also
Patna High Court CR. MISC. No.41839 of 2026(2) dt.30-06-2026
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submitted that recovery of illicit liquor was made near the
house of the petitioner which is an open place easily
accessible by general public. It is also submitted that
petitioner was not present at the spot where the alleged
liquor was seized and as also the petitioner is not in any way
connected with the alleged seized liquor. It is also submitted
that recovery of illicit liquor was not made from conscious
possession of this petitioner. Explaining criminal antecedent,
it is submitted that the petitioner found involved in one
criminal case, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from 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
Patna High Court CR. MISC. No.41839 of 2026(2) dt.30-06-2026
3/3
satisfaction of learned Exclusive Special Excise Court No.- 3,
Saran at Chapra, in connection with Isuapur P.S. Case
No.162 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.)
Aniket/-
U T
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