Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail should be granted as the alleged liquor was not shown to be in the petitioner's conscious possession.
Summary
The petitioner, Jitendra Kumar, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly transporting 12 litres of illicit liquor. He contended that he was not present at the seizure site and that the liquor was not in his conscious possession, arguing that only his bike’s registration linked him to the case. The prosecution opposed his request for anticipatory bail, citing his prior criminal antecedents. The court observed that the recovery of liquor did not appear to be from the petitioner’s physical possession and, therefore, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order directed that the bail be effected within four weeks of the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged possession of illicit liquor.
- Whether the seizure of liquor can be said to be in the conscious possession of the petitioner.
Legislation cited
- Bihar Narcotic and Substance Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a)
- possession
- Bihar Prohibition Act
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42194 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- Panchanpur District- Gaya
======================================================
Jitendra Kumar Son of Late Rajendra Chaudhary Resident of village- Law,
Ps- Tekari, Dist- Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Vinod Kumar, Advocate
For the Opposite Party : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 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 Panchanpur P.S.
Case No.71 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 12 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely for
the reason that petitioner is the registered owner of the bike
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bearing Registration No. BR02BW 8235, which was involved
in carrying illict liquor. It is also submitted that neither the
petitioner was present at the spot nor the petitioner is in any
way connected with the alleged liquor. It is also submitted
that recovery of illicit liquor was not made from conscious
possession of this petitioner. It is also submitted that the
seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel.
Explaining criminal antecedent, it is submitted that the
petitioner found involved in two criminal cases, 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
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge, Excise-2,
Gaya Ji, in connection with Panchanpur P.S. Case No.71 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/-
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