Patna High Court
Jitendra kumar @ JitendraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4) r/w 3(5), 480(3)
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
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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
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