Patna High Court
Jitendra SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted pre‑arrest bail to the petitioner subject to specified conditions.
Summary
Jitendra Singh, a bus agent, was implicated in a case involving the seizure of a large cache of illegal lottery tickets recovered from a bus. The FIR charged him under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Lottery Act, alleging that he loaded the tickets on the direction of the consignor. The petitioner contended that he merely acted as an agent and that no incriminating material linked him to the core offence, emphasizing his fair antecedents. The State opposed bail, arguing that his role was instrumental in the illegal consignment. The Court, after considering the limited role assigned to him in the FIR and his clean record, granted pre‑arrest bail subject to monetary and surety conditions and a family‑member bailor requirement. The order was made under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite being the bus agent who loaded the illegal lottery tickets.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(2), 338, 340(2), 341(1), 3(5)
Subjects
- pre‑arrest bail
- lottery ticket smuggling
- bus agent
- criminal procedure
- Bharatiya Nyaya Sanhita
- Lottery Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91126 of 2025
Arising Out of PS. Case No.-847 Year-2025 Thana- NAWADA District- Nawada
======================================================
Jitendra Singh Son of Kedar Singh Resident of Village - Karampur, P.S.-
Giriak, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Adv.
For the Opposite Party/s : Mr. Arun Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard learned Advocate appearing on behalf of the
petitioner and the learned Additional Public Prosecutor for the
State.
2. The petitioner apprehends his arrest in connection
with Nawada Town P.S. Case No. 847 of 2025, registered for the
offences punishable under Sections 318(4), 338, 336(2), 340(2),
341(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Section 3/4 of the Lottery Act.
3. The police on a secret information that some illegal
goods/materials are being carried in the bus bearing registration
no. BR21Q-0522 has intercepted the same. In course of raid, a
huge cache of lottery tickets were recovered. The conductor of
the bus disclosed that a person having mobile number
7209574556 had requested and booked the consignment, which
Patna High Court CR. MISC. No.91126 of 2025(2) dt.15-01-2026
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was to be delivered to the owner of mobile number
9122956409. It has further been disclosed that this petitioner
works as an agent of the bus, who had got the bundle loaded at
Ramchandrapur bus stand.
4. Learned Advocate appearing on behalf of the
petitioner taking this Court through the FIR contended that the
petitioner has nothing to do with the huge catch of lottery ticket
in question and from bare perusal of the FIR it is evident that it
is holder of mobile number 7209574556 and 9122956409, who
are involved in the crime and are the consignor and the
consignee. So far the petitioner is concerned, admittedly he was
found working as an agent of the bus and on the direction of the
holder of the afore-noted mobile number, got the lottery tickets
loaded in the bus. During the course of investigation, no
incriminating material has collected, which suggest the
involvement of the petitioner in the crime, except he being agent
of the bus involved in loading of the consignment. The
petitioner bears fair antecedent and he undertakes that he will
fully cooperate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and
submitted that a huge catch of illegal lottery tickets were
Patna High Court CR. MISC. No.91126 of 2025(2) dt.15-01-2026
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recovered in course of raid and the petitioner was the person
who got loaded the same as a bus agent.
6. Regard being had to the submissions made on
behalf of the parties and considering the fact that the petitioner
had been working as a bus agent and the limited role as has been
assigned in the FIR only suggest that he was instrumental in
getting the lottery ticket loaded in the bus, besides his fair
antecedent, let the petitioner above named be released on bail, in
the event of his arrest or surrender before the court below within
a period of four weeks from the date of receipt/production of a
copy of this order, upon furnishing bail bonds of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Nawada in
connection with Nawada Nagar/Town P.S. Case No. 847 of
2025, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close family
members of the petitioner.
(Harish Kumar, J)
supratim/-
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