Created by Fuzzy Cloud

Patna High Court

Jitendra kumar @ JitendraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to both petitioners subject to conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.

Summary

The petitioners Jitendra Kumar and Khimanand were arrested as driver and cleaner of a truck from which 3100.320 liters of foreign liquor was seized, and charged under Sections 318(4) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of the Bihar Prohibition & Excise Act, 2016. They contended that they had no conscious possession of the liquor and were merely employees, with one having a pending bail case and the other a clean record. The State opposed the bail application. The court, after considering the facts, the length of custody since 5‑December‑2025, and the filing of the charge‑sheet, granted bail to both petitioners subject to a Rs.10,000 bond, two sureties and conditions under Section 480(3) of the BNSS. The bail order also requires a close relative as bailor and the petitioners’ presence at every court date.

Issues considered

  • Whether bail should be granted to the driver and cleaner accused under BNSS 318(4) r/w 3(5) and Bihar Prohibition & Excise Act sections 30(a) and 41.
  • Whether the petitioners’ alleged lack of conscious possession and their roles as driver and cleaner justify bail despite the seriousness of the offence.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • driver
  • cleaner
  • Section 480
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition & Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10920 of 2026
                  Arising Out of PS. Case No.-576 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
           1.     Jitendra kumar @ Jitendra Son of Ramashray Resident Of Village -Delhi
                  Budh Bihar Sharma Colony Phase 2, Ps- Rohini, Sector -5, Dist-Delhi P/A-
                  Resident of village- Math Bhujang Belasanda Ps- Barhalganj, Dist-
                  Gorakhpur
           2.    Khimanand son of Tarachand Resident Of Village - A-40, Suraj Park, Ps-
                 Shyampur Badali, Dist- Delhi

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                02. In the present case, the petitioners seek bail in

                   connection with Bettiah Mufassil P.S. Case No. 576 of 2025

                   registered for the alleged offences under Sections 318(4) r/w

                   3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 41 of

                   the Bihar Prohibition & Excise Act, 2016.

                                03. As per prosecution case, the police received

                   information about transportation of illicit liquor by a truck. The

                   said truck was intercepted and the petitioners were apprehended

                   who were said to be the driver and the cleaner of the truck. On

                   search of the truck, recovery of 3100.320 liters of India made
Patna High Court CR. MISC. No.10920 of 2026(2) dt.17-02-2026
                                            2/3




          foreign liquor was made.

                       04. Learned counsel for the petitioners submits that

          the petitioners are innocent and have been falsely implicated in

          this case. The petitioners are driver and cleaner of the vehicle

          and nothing incriminating has been recovered from the

          conscious possession of the petitioners rather the recovery was

          shown from the truck and the petitioners, being driver and

          cleaner, have no concern with the consignment. Learned counsel

          further submits that the petitioner no. 1 is having antecedent of

          one case in which he is on bail whereas petitioner no. 2 is

          having clean antecedents. The petitioners are in custody since

          05.12.2025 and charge-sheet has been submitted.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioners.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          the fact that the petitioners are said to be the driver and the

          cleaner of the vehicle from which recovery has been shown and

          also considering the period of custody of the petitioners along

          with submission of charge-sheet, the petitioners above named

          are directed to be released on bail on furnishing bail bonds of

          Rs. 10,000/- (ten thousand) each with two sureties of the like
           Patna High Court CR. MISC. No.10920 of 2026(2) dt.17-02-2026
                                                       3/3




                     amount each to the satisfaction of learned Special Judge Excise

                     Court No. 1, Bettiah, West Champaran/court concerned in

                     connection with Bettiah Mufassil P.S. Case No. 576 of 2025,

                     subject to the conditions mentioned in Section 480(3) of BNSS

                     and the following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioners.

                                  (ii) The petitioners will remain present on each

                                  and every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioners will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.