Patna High Court
Jitendra Rai @ Jitendar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Jitendra Rai, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 54 litres of liquor from two motorcycles. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was merely the owner of one of the seized vehicles, maintaining a clean antecedent. The State opposed the bail. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent and other conditions under Section 438(2). The court also required a deposit of Rs.1500 with the Advocates’ Association. The application was allowed, with the provisional bail to be confirmed if the petitioner’s antecedent remains clean.
Issues considered
- Whether anticipatory bail can be granted to a vehicle owner not in possession of the alleged contraband under Section 30(a) of the Excise Act
- Whether the petitioner’s clean antecedent and lack of arrest justify granting bail under Section 438(2) of the Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6700 of 2026
Arising Out of PS. Case No.-255 Year-2024 Thana- PARIHAR District- Sitamarhi
======================================================
Jitendra Rai @ Jitendar Ray S/O Heroman Ray R/O Ward No.- 4, Village-
Chikana, P.S- Charaut (Pupri), Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ritesh Kumar Narain Singh
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 54 litres of liquor from two different motorcycles.
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 he came to be
implicated based on the fact that he is owner of one of the
seized motorcycle. It is next submitted that no prudent person
would use his own vehicle for committing a crime and thus,
Patna High Court CR. MISC. No.6700 of 2026(2) dt.04-02-2026
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would create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Chandan would misuse the vehicle in the manner
as alleged as he was also apprehended at the spot.
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
Parihar P. S. Case No.255 of 2024, 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
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
Patna High Court CR. MISC. No.6700 of 2026(2) dt.04-02-2026
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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
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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