Patna High Court

Jitendra KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Jitendra Kumar, feared arrest in an excise case where 1,125 litres of liquor were seized from a truck, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the truck and that his name was implicated solely on a co‑accused’s confessional statement, which he argued lacked evidentiary value. The petitioner also highlighted his clean record and noted that a co‑accused had already been granted regular bail. The State opposed the bail, asserting a prima facie case. The Court examined the material and, finding no sufficient ground to deny bail, granted anticipatory bail subject to a bond of Rs. 15,000 with two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the excise case.
Whether the confessional statement of the co‑accused provides a prima facie case against the petitioner.
Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
confessional statement
Section 103
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15995 of 2026
                     Arising Out of PS. Case No.-298 Year-2025 Thana- Excise P.S. District- Madhepura
                 ======================================================
                 Jitendra Kumar S/o Budur Yadav Resident of Village- Rai Tola, Sukhashan,
                 P.S.- Singheshwar, District- Madhepura


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Nityanand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                         Heard Mr. Sanjay Kumar Singh, learned counsel

                   for the petitioner and Mr. Nityanand Tiwary, learned APP for the

                   State.

                                2. The petitioner apprehends arrest in connection with

                   Madhepura Excise P.S. Case No. 298 of 2025, registered under

                   Sections 30(a) and 32(3) of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that 1125 liters

                   liquor was recovered from truck.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no concern with the alleged
Patna High Court CR. MISC. No.15995 of 2026(2) dt.12-03-2026
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          recovery of liquor. Learned counsel for the petitioner also

          submits that the petitioner is neither owner nor driver of the

          truck in question. Name of the petitioner has transpired in this

          case on the basis of confessional statement made by co-accused

          person and the same has got no evidentiary value. Learned

          counsel for the petitioner, therefore, contends that prima-facie,

          no case is made out against the petitioner. The petitioner has got

          no criminal antecedent. Learned counsel for the petitioner

          further submits that other co-accused has been granted regular

          bail by this Court vide order dated 28.01.2026 passed in Cr.

          Misc. No. 4812 of 2026. There is no compliance of Section 103

          of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named in the event of arrest/surrender

          before the learned Court below within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Madhepura Excise

          P.S. Case No. 298 of 2025, subject to the conditions as laid
             Patna High Court CR. MISC. No.15995 of 2026(2) dt.12-03-2026
                                                         3/3




                       down under Section 482(2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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