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Patna High Court

Jitendra RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail subject to bail bonds, sureties and verification of the petitioner's antecedent.

Summary

The petitioner, Jitendra Rai, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of liquor and mahua. He asserted a clean criminal record and argued that the alleged contraband was seized from a public place and not from his possession, and that the complainant, a watchman, may have falsely implicated him. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of his antecedent. The order further stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean antecedent would lead to immediate confirmation. The petitioner also undertook to deposit Rs.1,500 with the Lawyers’ Association within two weeks.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of an offence under Section 30(a) of the Excise Act.
  • Whether the absence of possession of the alleged contraband and the petitioner's clean antecedent justify granting bail.
  • What conditions should be imposed on the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • bail bond
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5466 of 2026
                        Arising Out of PS. Case No.-623 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Jitendra Rai S/o- Rajendra Ray Village- Kasina, Ward No. 04, Police Station-
                 Garkha, District- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhananjay Kumar Tiwary
                 For the Opposite Party/s :       Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 45 litres of liquor from Hematpur Chawar along

                   with 1000 litres of mahua pass which was destroyed at the spot.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even 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.5466 of 2026(2) dt.02-02-2026
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          at the instance of Chaukidar with whom he is on an inimical

          term. It is further submitted that if Chaukidar was aware of the

          involvement of the petitioners in the occurrence, then why he

          did not inform the police prior to institution of the present F.I.R.,

          which casts an aspersion on the case of the prosecution. It is

          also submitted that it appears that Chaukidar in order to save the

          real culprit falsely implicated the petitioner, when admittedly

          petitioner is a person with clean antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Garkha P. S. Case No.623 of 2025, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.5466 of 2026(2) dt.02-02-2026
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                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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 shall be confirmed forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.1500/- with

                         Lawyers’ Association, Patna High Court, Patna within a period

                         of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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