Jitendra Rai @ Jitendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86753 of 2025 Arising Out of PS. Case No.-281 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1.
Jitendra Rai @ Jitendra Ray S/O Shri Ray @ Shree Yadav Resident of Village- Narayanpur, Banparua, P.S- Dumariaghat, District- East Champaran.
2.
Ajay Mahto @ Ajay Kumar S/O Jhagru Mahato R/O Village- Sagar Churaman, P.S- Kesaria, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ujjwal Kumar Singh For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2025 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of 200 litres of liquor from a bush and 500 litres of jawa mahua was destroyed.
4.
Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.86753 of 2025(2) dt.23-12-2025 2/3 recovery is from a place which does not belongs to the petitioners and is accessible to public at large and they came to be implicated at the instance of Chowkidar with whom they are on an inimical term, but then it is submitted that if the Chowkidar was aware about the involvement of the petitioners in the occurrence, then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dumariyaghat P.S. Case No. 281 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS. 7.
It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of more than
Patna High Court CR. MISC. No.86753 of 2025(2) dt.23-12-2025 3/3 one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners have antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sumit/- U T