Patna High Court
Jitendra Rai @ Jitendra Kumar @ Jitendra Kumar Yadav @ Jitendra Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 272, 273, 34, 414
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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