Patna High Court
Jito KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that being found drunk and having prior criminal antecedents does not, per se, preclude the grant of regular bail under Section 37 of the Bihar Prohibition and Excise Act.
Summary
Jito Kumar was arrested for being drunk and charged under Section 37 of the Bihar Prohibition and Excise Act. He has been in custody since 10 March 2026. The Special Judge rejected his bail application on the ground of his criminal antecedents, without mentioning the judge’s name in the order. The petitioner appealed for regular bail, arguing that intoxication and prior convictions do not automatically bar bail. The High Court examined the facts and held that the presence of drunkenness and past offences is not a sufficient ground to deny bail. Accordingly, the Court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail can be granted to a person found drunk under Section 37 of the Bihar Prohibition and Excise Act despite criminal antecedents
Legislation cited
- Bihar Prohibition and Excise Act — s. 37
Subjects
- bail
- drunkenness
- excise law
- criminal antecedents
- Section 37
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39686 of 2026
Arising Out of PS. Case No.-146 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Jito Kumar S/O Bangali Ravidas @ Bangali Das R/O Village- Santar
Mohalla, ward no. 13, P.S.- Lakhisarai, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Ms. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Lakhisarai Excise P.S. Case No. 146 C2 of 2026 registered for
the offence under Section(s) 37 of the Bihar Prohibition and
Excise Act.
3. The petitioner was found drunken. The petitioner is
in custody since 10.03.2026.
4. It appears that the Special Judge has dismissed the
bail application of the petitioner because of his criminal
antecedents. When a person is found drunk, it is not expected
that the Special Judge will reject his prayer for bail because of
his criminal antecedents. Moreover, the Special Judge has not
Patna High Court CR. MISC. No.39686 of 2026(2) dt.22-06-2026
2/2
mentioned his/her name in the impugned order. Henceforth, the
Special Judge will mention his/her name in the orders passed by
him/her and he/she will not unnecessarily burden this Court
with such kinds of applications.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Lakhisarai Excise
P.S. Case No. 146 C2 of 2026.
8. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Lakhisarai through FAX or
e-mail so that he may guide the Special Judge, Excise.
(Sandeep Kumar, J)
Shishir/-
U
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