Patna High Court
JITENDRA KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner has six prior similar criminal antecedents.
Summary
The petitioner, Jitendra Kumar, sought anticipatory bail after learning of a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 143.90 litres of illicit foreign liquor were seized from a vehicle near Baraiyagachhi Mustafapur. He contended that he was neither the owner nor the driver of the vehicle and that no incriminating material was found in his possession, asserting that his implication was purely on suspicion. The State highlighted that the petitioner has six prior criminal antecedents of a similar nature. The Court considered the seriousness of the offence and the petitioner’s criminal record. Consequently, the Court rejected the petition for anticipatory bail, deeming the petitioner not entitled to such relief. The order was delivered by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts and his prior criminal antecedents.
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.77663 of 2025
Arising Out of PS. Case No.-162 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
JITENDRA KUMAR Son of Ramesh Prasad Singh Resident of Village -
Mahmadpur Sakara, P.S.- Bibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar , Advocate
For the Opposite Party/s : Mr. Lalan Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30 (a) of the Bihar
Prohibition and Excise Act.
3 . Prosecution case is that 143.90 liters of illicit
foreign liquor was recovered from seized vehicle near a farm in
the village Baraiyagachhi Mustafapur.
4. It is submitted that the petitioner is innocent and
has falsely been implicated in this case only on the basis of
suspicion . Petitioner is neither owner nor driver of the seized
vehicle . No incriminating material has been recovered from the
conscious possession of the petitioner.
5 . Learned counsel for the State submits that
Patna High Court CR. MISC. No.77663 of 2025(2) dt.03-02-2026
2/2
petitioner has got 6 criminal antecedents of similar nature .
6. Considering the fact that petitioner has got 6
criminal antecedents of similar nature , prayer for anticipatory
bail is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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