Patna High Court
Jitendra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to verification of the petitioner’s antecedent and compliance with the conditions imposed.
Summary
The petitioner, Jitendra Singh, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 45 litres of liquor from an auto he owned. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that the driver misused his vehicle. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his criminal antecedent within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The petitioner was also directed to deposit a sum with the Advocates’ Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of possession justify granting anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- vehicle ownership
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89243 of 2025
Arising Out of PS. Case No.-234 Year-2025 Thana- CHARPOKHARI District- Bhojpur
======================================================
Jitendra Singh S/O Lal Dhari Singh Resident Of Village - Chiraili, P.S-
Chauri, Dist.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Krishna, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 28-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 45 liters of liquor from an Auto.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he 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
Patna High Court CR. MISC. No.89243 of 2025(3) dt.28-01-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Chandrama 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 petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, 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
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) 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
Charpokhary P.S. Case No. 234 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 petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.89243 of 2025(3) dt.28-01-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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