Patna High Court
Jitendra Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Since the seized liquor was not in the petitioner's conscious possession and he has a clean antecedent, bail was granted subject to a bond and specified conditions.
Summary
Jitendra Kumar Sinha was arrested on 11 February 2026 in connection with a case alleging offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. A total of 58 litres of liquor (28.5 litres of English wine and 29.5 litres of beer) was seized from a house that is jointly owned by the petitioner and his family, and no liquor was found in his conscious possession. The petitioner, who has a clean antecedent, applied for bail. The court noted that the seizure was from joint family property, the petitioner was not in exclusive control of the premises, and there was no evidence of personal possession. Considering these facts, the court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Excise Court, Nawada.
Issues considered
- Whether bail should be granted to a person accused under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2022 when the seized liquor was recovered from a jointly owned house and not from his conscious possession.
- Whether alleged non‑compliance with Section 103 of the Bihar Narcotic Substances Act, 2023, affects the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 274, 275
Subjects
- bail
- liquor seizure
- joint family property
- clean antecedent
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- Section 103
- excise court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14972 of 2026
Arising Out of PS. Case No.-177 Year-2026 Thana- NAWADA District- Nawada
======================================================
Jitendra Kumar Sinha S/O Rajendra Prasad Sinha R/O Village - Shivnagar,
P.S- Town,Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-03-2026 Heard Mr.Pramod Kumar Verma, learned counsel for
the petitioner and Mr.Jharkhandi Upadhyay, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
11.02.2026 in connection with Nawada Town P.S. Case No.
177 of 2026, F.I.R. dated 11.02.2026 registered for the offence
punishable under Sections 274,275 of BNS and Section 30(a)
of Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 28.5 liters of English Wine and 29.5
liters of Beer total 58 litres of liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR as well as the seizure list that nothing has been
recovered from conscious possession of the petitioner rather the
Patna High Court CR. MISC. No.14972 of 2026(2) dt.09-03-2026
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recovery has been made from the house in question. The house
in question is joint family property of the petitioner and
petitioner is not the exclusive owner of the house in question. It
appears from the FIR that altogether 28.5 liters of English Wine
and 29.5 liters of Beer total 58 litres of liquor was recovered
from the house in question and there is non-compliance of
Section 103 of BNSS, 2023 and the petitioner is in custody
since 11.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and nothing has been recovered from conscious
possession of the petitioner rather the recovery has been made
from the joint house of the petitioner, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court No.1, Nawada in connection with Nawada Town P.S.
Case No. 177 of 2026,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
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on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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