Patna High Court
Jitesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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