Patna High Court
CR. MISC./57103/2026 of Jitendra Sahni @ Jitendra Kumar Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57103 of 2026 Arising Out of PS. Case No.-120 Year-2026 Thana- Pothia District- Katihar ====================================================== Jitendra Sahni @ Jitendra Kumar Son of Rameshwar Sahni Resident of Chandpur, Wrd No. 8, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57103 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- Pothia District- Katihar ======================================================
Jitendra Sahni @ Jitendra Kumar Son of Rameshwar Sahni Resident of Chandpur, Wrd No. 8, P.S.- Pothiya, District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Ajit Kumar Singh
For the Opposite Party/s :
Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
18-08-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases under the Excise Act and allegation is of recovery of 15 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the seized vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would Patna High Court CR. MISC. No.57103 of 2026(2) dt.18-08-2026
create evidence against himself and hence would get implicated. It is also submitted that the petitioner was completely unaware that his friend would misuse his vehicle in the manner as alleged who was also apprehended from the spot. It is next submitted that he came to be implicated at the instance of chowkidar with whom he is on an inimical term.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand) 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 Pothiya P.S. Case No.120/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases, in that event, it would be presumed that petitioner Patna High Court CR. MISC. No.57103 of 2026(2) dt.18-08-2026
had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of three cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.
amit/- (Satyavrat Verma, J) U T