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Patna High Court

Jitesh Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Jitesh Kumar Singh, sought anticipatory bail after being named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting illicit liquor. The prosecution alleged that, based on secret information, the police recovered 1616.64 litres of foreign liquor from a van and that the petitioner was among those fleeing the scene. The petitioner contended that he was neither the owner, driver, nor attendant of the vehicle, was not present at the place of recovery, and that the FIR lacked disclosure of the secret informant, rendering it unreliable. The State opposed the bail, arguing that the petitioner was named in the FIR and could not escape liability. Considering the petitioner’s clean antecedent, lack of incriminating possession, and the absence of direct evidence linking him to the offence, the court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the omission of the source of secret information in the FIR affects its validity and the petitioner’s liability.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • secret informant
  • FIR validity
  • Criminal Procedure Code
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8918 of 2026
                       Arising Out of PS. Case No.-422 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Jitesh Kumar Singh Son of Bachchan Singh Resident of Village- Nayka Barka
                 Baiju Tola, P.S.- Rivilganj, District- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :        Mr.Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Rivilganj P.S. Case No. 422 of 2025, registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution-case, on secret information that

                   petitioner and others are going towards Jajira No. 36 in the

                   village Sitab Diyara for taking illicit liquor for sale, police

                   reached there and on seeing the police all the persons, whose

                   names were revealed on secret information, fled away and

                   1616.64 litre illicit foreign liquor was recovered from the pick-

                   up van in question.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.8918 of 2026(2) dt.18-02-2026
                                            2/3




          petitioner is quite innocent and has committed no offence as

          alleged in the F.I.R. He further submits that the name of

          petitioner has transpired in this case on the basis of secret

          information but the source of secret information has not been

          divulged in the F.I.R which questions the authenticity of the

          F.I.R. Petitioner is not the owner of the vehicle in question. He

          is neither driver nor Khalasi of the said vehicle and he is not, in

          any way, connected with the alleged place of recovery.

          Petitioner was not found at the place of occurrence and nothing

          incriminating has been recovered from the conscious possession

          of the petitioner. Apart from that, petitioner petitioner is having

          no criminal antecedent. In this way, no offence as alleged in the

          F.I.R. is made out against the petitioner

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submits that petitioner is named in the F.I.R. and petitioner

          cannot escape from the allegations made in the F.I.R.

                       6. Considering the facts and circumstances of the

          case, keeping in view clean antecedent of the petitioner,

          petitioner is not the owner of the vehicle in question nor he is

          driver or khalasi of the said vehicle, petitioner was not found at

          the place of occurrence and nothing incriminating has been
            Patna High Court CR. MISC. No.8918 of 2026(2) dt.18-02-2026
                                                        3/3




                      recovered from the conscious possession of the petitioner,

                      argument advanced on behalf of both sides and also taking into

                      consideration the material available on record, the petitioner

                      above-named, in the event of his arrest or surrender before the

                      learned trial court within a period of six weeks from today, be

                      released on anticipatory bail on furnishing bail-bond of

                      Rs.10,000/- (rupees ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Exclusive Special

                      Excise Judge-2nd, Saran at Chapra in connection with Rivilganj

                      P.S. Case No. 422 of 2025, subject to the conditions as laid

                      down under Section 482(2) of the B.N.S.S.

                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)

K.C.Jha/-

U      T


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