Patna High Court
Jitendra Kumar @ Jitendra Singh @ Jhullan SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of antecedents and compliance with the conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Jitendra Kumar and Laljeet Singh, were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 50 litres of liquor from a seized motorcycle. They argued that they have clean antecedents, were not in possession of the liquor at the time of seizure, and that the first petitioner does not own the vehicle while the second is implicated only by ownership. The State opposed their prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioners surrendering within six weeks, furnishing bail bonds of Rs. 500 with two sureties each, and verification of their criminal antecedents by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the provisions of Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS in a case arising under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners' lack of ownership/possession of the seized vehicle and their claim of clean antecedent justify the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- vehicle ownership
- provisional bail
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.675 of 2026
Arising Out of PS. Case No.-186 Year-2025 Thana- DARIGAON District- Rohtas
======================================================
1. Jitendra Kumar @ Jitendra Singh @ Jhullan Singh S/o- Singhasan Singh
Village- Murhi Murahi PS- Darigaon Dist- Rohtas
2. Laljeet Singh S/o- Rupa Singh Village- Murhi Murahi PS- Darigaon Dist-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 50 liters of liquor from a motorcycle.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and petitioner
no. 1 is not the owner of the seized motorcycle, but petitioner
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no. 2 came to be implicated based on the fact that he is owner of
the seized vehicle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is also submitted that petitioners were completely
unaware that Mantu would misuse the vehicle in the manner as
alleged who was also apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) each 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 Darigaon
P.S. Case No. 186 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that any of the petitioners have
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antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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