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Patna High Court

Jitendra RamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The anticipatory bail application is allowed, granting provisional bail subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Jitendra Ram, was implicated in a case for alleged possession of 18 litres of liquor recovered from his motorcycle, under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he had no conscious possession, had a clean antecedent, and was unaware of his friend's alleged misuse of the vehicle. The State opposed the anticipatory bail application. The High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order was made conditional on verification of the petitioner’s antecedent, with confirmation of bail if no prior cases are found. The application for anticipatory bail was allowed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise (Amendment) Act, 2022 and Section 482(2) of the B.N.S.S.
  • Whether the circumstances of the seizure and the petitioner’s alleged lack of conscious possession justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • clean antecedent
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89823 of 2025
                       Arising Out of PS. Case No.-74 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Jitendra Ram S/O Moti Ram Resident of Village - Parsahi, Police Station-
                 Bhore, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Section 30(a) and 41(1) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 18 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested 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 motorcycle. It is next submitted that no prudent person

                   would use his own vehicle for committing an occurrence and

                   thus, would create evidence against himself and hence, would
Patna High Court CR. MISC. No.89823 of 2025(3) dt.21-01-2026
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          get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned District &

          Additional Sessions Judge-XIII-cum-Special Excise Court No.-

          1, Gopalganj in connection with Bhore P.S. Case No.74 of 2025,

          subject to the conditions laid down under Section 482(2) of the

          B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner 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 obtaining
               Patna High Court CR. MISC. No.89823 of 2025(3) dt.21-01-2026
                                                           3/3




                         anticipatory bail had concealed his 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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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