Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86880 of 2025 Arising Out of PS. Case No.-1196 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Jitendra Kumar S/O Nawal Kishore Prasad R/O Village- Amruddigali, Road Opp. Indira Bhawan, P.S- Kadamkuan, Distt- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Ghulam Mustafa, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-12-2025 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 Sections 30(a), 32(3) and 56(b) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 155.98 litres of liquor from shop of the petitioner. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the shop does not belong to the petitioner rather it was rented but then the tenancy had come to an end and thereafter liquor was found in the said shop and he came to be implicated
Patna High Court CR. MISC. No.86880 of 2025(2) dt.24-12-2025 2/3 based on disclosure made by Paramshila Devi, the owner of the shop. It is further submitted that it appears that after the petitioner left the shop, he came to be implicated in a mechanical manner without the police holding a proper investigation when petitioner admittedly is a person with clean antecedent.
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-bonds 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 Judge-III, (Excise Act), Patna in connection with Excise Patna P.S. Case No.1196 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 bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.86880 of 2025(2) dt.24-12-2025 3/3 found that petitioner has antecedent of even one case, then it would be presumed that petitioner for the purposes of obtaining 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