Jitendra Paswan @ Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26994 of 2026 Arising Out of PS. Case No.-59 Year-2026 Thana- BARGAINIA District- Sitamarhi ====================================================== JITENDRA PASWAN @ JITENDRA KUMAR Son of Late Mahendra Paswan Resident of Village Musachak Balua Tola, P.S.- Bairgania, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kishore Thakur, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Bairgania P.S. Case No. 59 of 2026 lodged on 01.03.2026, for the offence punishable under Sections 126(2), 115(2), 132, 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against two named accused persons including the present petitioner and 12-15 unknown persons. Total recovery of 20.94 litres of illicit liquor has been made, which is the subject matter of the present case.
Patna High Court CR. MISC. No.26994 of 2026(2) dt.22-04-2026 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the alleged recovery has been made from an open wheat field which is accessible to public. Counsel further submits that the police have adopted a vindictive attitude towards the petitioner on the ground that his criminal antecedents are not clean, as there are five cases pending against him, in which, in four cases, he is on bail and in one case, he is acquitted. Counsel submits that none of those pending cases are related to excise matter.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that as per para 3 of the bail application, it transpires that though, there are five cases pending against the petitioner, but none of them are related to excise matter.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
Patna High Court CR. MISC. No.26994 of 2026(2) dt.22-04-2026 3/3 satisfaction of Exclusive Special Excise Court No.1, Sitamarhi, in connection with Bairgania P.S. Case No. 59 of 2026 , subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023. (Dr. Anshuman, J) Divyansh/- U T