Jitendra Rai @ Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44958 of 2026 Arising Out of PS. Case No.-84 Year-2026 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Jitendra Rai @ Jitendra Kumar, S/o Late Mahendra Rai, R/o Vill.- Hasanpur, Tanra, Ward No.6, P.S.- Patory, Dist.- Samatipur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Shahpur Patory P.S. Case No.84 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 08.64 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the seized illicit liquor was recovered from the house of the petitioner. It is further submitted that no
Patna High Court CR. MISC. No.44958 of 2026(2) dt.08-07-2026 2/3 recovery has been effected from the conscious and exclusive possession of the petitioner, and there is no material on record to establish his conscious possession of the alleged illicit liquor. It is argued that Section 103(4) of BNSS has not been complied with qua search of premises, inasmuch as no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. It is also pointed out that the name of the petitioner surfaced solely on the basis of suspicion. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.44958 of 2026(2) dt.08-07-2026 3/3 sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Samastipur in connection with Shahpur Patory P.S. Case No.84 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Raushan/- U T