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Patna High Court

Jitendra Rai @ Jitendra Kumar @ Jitendra Kumar Yadav @ Jitendra Kumar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties of equal amount.

Summary

The petitioner, Jitendra Rai, was charged under IPC sections 272, 273, 414 and 34 and several provisions of the Bihar Excise Act for allegedly recovering 6,168.6 litres of liquor from three vehicles. He contended that he was not caught in the act, no liquor was found in his possession, and that the case was based solely on information from a spy and a chowkidar without proper investigation. He had been in custody since 19 November 2025 and sought bail, arguing that the allegations were mechanically framed. The State opposed the bail, citing the seriousness of the offences. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, pending trial.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged large‑scale liquor seizure under the IPC and Bihar Excise Act.

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • IPC
  • Bihar Excise Act
  • criminal procedure
  • investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1378 of 2026
                     Arising Out of PS. Case No.-334 Year-2019 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Jitendra Rai @ Jitendra Kumar @ Jitendra Kumar Yadav @ Jitendra Kumar
                 Ray S/o Satan Rai @ Santa Singh @ Sattan Rai Resident of Village- Jalalpur,
                 P.S.- Lalganj, District- Vaishali, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arya Achint, Advocate
                 For the Opposite Party/s :        Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 272, 273, 414 and 34 of the

                   Indian Penal Code read with Sections 30(a), 32(ii), 38(ii) and

                   41(i) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the excise act and

                   allegation is of recovery of 6168.600 liters of liquor from three

                   different vehicles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the
            Patna High Court CR. MISC. No.1378 of 2026(2) dt.30-01-2026
                                                        2/2




                      owner of any of the seized vehicles and came to be implicated at

                      the instance of spy and Chowkidar. It is also submitted that once

                      an accused is implicated in a case relating to excise, the police

                      starts implicating mechanically either at the instance of

                      Chowkidar, local person, confessional statement or secret

                      information without holding a proper investigation. It is next

                      submitted that petitioner is in custody since 19.11.2025.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      10,000/- (Rupees Ten 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 Saraiya

                      P.S. Case No. 334 of 2019.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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