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Patna High Court

Jitendra Kumar Singh @ Jitendra SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to a bond, sureties, and verification of his antecedent under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Jitendra Kumar Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016/2018 for allegedly recovering liquor and a pistol, based solely on a confessional statement of another accused and without any material seized from his possession. He applied for anticipatory bail, asserting a clean antecedent and arguing that the evidence against him was weak. The State opposed the bail. The High Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the B.N.S.S. If any antecedent is found, the bail would be withdrawn; otherwise, it would be confirmed. The order reflects the court’s discretion to prevent arrest where the allegations lack substantive proof and the petitioner’s background is clean.

Issues considered

  • Whether anticipatory bail should be granted when the only evidence is a co-accused’s confessional statement and no material has been seized from the petitioner.
  • Whether the petitioner’s claim of a clean antecedent justifies the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for confirming or revoking the provisional bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • arms possession
  • confessional statement
  • clean antecedent
  • provisional bail
  • Section 482(2) B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90422 of 2025
                  Arising Out of PS. Case No.-129 Year-2021 Thana- MAKHDUMPUR District- Jehanabad
                 ======================================================
                 Jitendra Kumar Singh @ Jitendra Sharma S/O Rajendra Sharma Resident of
                 Village- Ganiari, Police Station- Kinjar, District- Arwal.

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

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

2   08-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. Petitioner apprehends his arrest in a case

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

                   Bihar Prohibition and Excise (Amendment) Act, 2016/2018.

                                  3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10.875 litres of liquor along with one country made

                   pistol from cowshed of Santosh Kumar Sharma. It is next

                   submitted that petitioner was not arrested from the spot, as such,

                   nothing was recovered from his conscious possession and the

                   name of the petitioner transpired n the confessional statement of

                   Santosh Kumar Sharma in police custody which does not have

                   any evidentiary value. It is further submitted that the instant
Patna High Court CR. MISC. No.90422 of 2025(2) dt.08-01-2026
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          case has been instituted under the Excise Act and a separate case

          under Arms Act has also been instituted and the petitioner

          presently is seeking anticipatory bail in the case relating to

          excise.

                        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 the learned Exclusive

          Special Excise Judge-I, Jehanabad in connection with

          Makhdumpur P.S. Case No.129 of 2021, 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 bonds 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.90422 of 2025(2) dt.08-01-2026
                                                           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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