Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Jitendra Kumar, was arrested after 60 litres of liquor were recovered from a motorcycle, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the vehicle and that no incriminating material was found in his possession, asserting that he was a mere passerby and innocent. The State opposed bail, arguing the seriousness of the offence. The Court considered the petitioner’s clean antecedent, lack of direct involvement, and the duration of his custody, and noted that Section 103 of the B.N.S.S., 2023 had not been complied with. Consequently, the Court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the non‑compliance of Section 103 of the B.N.S.S., 2023 precludes bail
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise offence
- liquor seizure
- Section 30(a)
- Section 103
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2042 of 2026
Arising Out of PS. Case No.-2487 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
Jitendra Kumar S/O Dhuplal Ray @ Dhuruplal Rai R/O Vill.- Amwa Tola
Chailaha, P.S.- Banjariya, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mrs.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Excise P.S. case No.
2487 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 60 liters liquor
was recovered from motorcycle and the petitioner was arrested
on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.2042 of 2026(2) dt.19-01-2026
2/2
further submitted that petitioner is neither owner nor driver of
the vehicle. The petitioner was a passerby of the way and has
become victim of circumstances. The petitioner is in custody
since 21.11.2025 and has got no criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. case No.
2487 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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