Patna High Court
Jitendra Kumar @ Rikam sahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court refused the petitioner's anticipatory bail.
Summary
The petitioner, Jitendra Kumar, was implicated in a case (Saharsa Sadar PS Case No. 333 of 2026) for alleged contravention of Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2022, involving the recovery of 100 litres of illicit country-made liquor and related utensils. The prosecution’s evidence consisted of the seized liquor and a confessional statement of a co‑accused that named the petitioner, but no material was found in his personal possession. The petitioner sought anticipatory bail, arguing lack of direct possession and no personal involvement in the recovery. The State opposed the bail, highlighting the location of the recovery and the petitioner’s three prior similar criminal antecedents. The Court, after considering the seriousness of the offence and the petitioner’s past record, refused the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the presence of the petitioner’s name in a co‑accused’s confessional statement and prior criminal antecedents justify denial of bail
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43686 of 2026
Arising Out of PS. Case No.-333 Year-2026 Thana- SAHARSA SADAR District- Saharsa
======================================================
Jitendra Kumar @ Rikam sah S/O Sri Baijanath Sah @ Baidh Nath Sah @
Baiju Sah R/at Bhartiya Nagar, ward no. 26, P.S. and District- Saharsa, Bihar-
852201
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam, Advocate
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in Saharsa Sadar P.S.
Case No. 333 of 2026, registered for the offence punishable
under Section 30(a) and 30(c) of Bihar Prohibition and Excise
Act, 2022.
3. As per prosecution case, total 100 liters of illicit
country made liquor and other utensils used for manufacturing
liquor were recovered from a room near Khiriyahi More.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
Patna High Court CR. MISC. No.43686 of 2026(2) dt.08-07-2026
2/2
the alleged recovery and the petitioner’s name was disclosed in
the confessional statement of the co-accused.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that recovery has been made from a room near
Khiriyahi More and petitioner has got three criminal antecedents
of similar nature.
6. Considering the nature of accusation and criminal
antecedents of the petitioner, prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Alok/Sanjay-
U T
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