Patna High Court
Jitendra Kumar @ Jitendra Kumar Singh @ Jitendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioners' criminal antecedents.
Summary
The petitioners, Jitendra Kumar and Amit Kumar, were implicated in an excise case for allegedly recovering 319.680 litres of liquor from a tractor. They have prior criminal antecedents—one case for the first petitioner and two for the second. They applied for anticipatory bail under Section 438(2) of the CrPC, arguing that they were not arrested on the spot, did not have the seized tractor in their possession, and that the only evidence against them was a confessional statement of a co‑accused in police custody. The State opposed the bail. The High Court granted provisional anticipatory bail subject to bail bonds of Rs 10,000 with two sureties each and ordered verification of the disclosed antecedents, reserving the right to cancel the bail if more cases are discovered.
Issues considered
- Whether anticipatory bail can be granted despite the petitioners' disclosed criminal antecedents
- Whether the confessional statement of a co‑accused in police custody can be relied upon to deny anticipatory bail
- Whether lack of possession of the seized liquor at the time of arrest justifies granting anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(1), 32(3), 41(1), 41(2)
Subjects
- anticipatory bail
- criminal antecedent
- Excise Act
- Section 438 CrPC
- confessional statement
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87163 of 2025
Arising Out of PS. Case No.-167 Year-2024 Thana- Excise Thana Hajipur District- Vaishali
======================================================
1. Jitendra Kumar @ Jitendra Kumar Singh @ Jitendra Singh S/o Ram Pukar
Singh R/o Village - Daudnagar, Ward no.- 6, P.S.- Bidupur, District -
Vaishali
2. Amit Kumar @ Ajit Kumar S/o Bashisht Singh @ Bashisht Narayan Singh
R/o Village - Madaripur, Ward no.- 10, P.S.- Bidupur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aniket Singh
For the Opposite Party/s : Mr.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The learned counsel for the petitioners submits that
the defects as pointed out by the office stands removed as the
criminal antecedents of the petitioners have been rectified.
3. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a), 32(1),(3), 41(1),(2) of the Excise Act.
4. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of one case and petitioner
no.2 has antecedent of two cases and allegation is of recovery of
319.680 litres of liquor from a tractor.
Patna High Court CR. MISC. No.87163 of 2025(2) dt.22-01-2026
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5. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and are not the owner
of the seized tractor and they came to be implicated based on
confessional statement of apprehended accused in police
custody, which does not have any evidentiary value.
6. Learned A.P.P. opposes the anticipatory bail
application.
7. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs. 10,000/- (Rupees Ten Thousand) 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 Hajipur Excise P. S. Case No.167 of 2024,
subject to the conditions laid down under Section 438(2) of the
Cr.P.C.
8. The application stands allowed.
9. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
Patna High Court CR. MISC. No.87163 of 2025(2) dt.22-01-2026
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verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of more than
one case and petitioner no.2 has antecedent of more than two
cases, then it would be presumed that petitioners for the
purposes of obtaining anticipatory bail had concealed their
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 no.1 has antecedent of
one case only and petitioner no.2 has antecedent of two cases
only, in that event, the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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