Patna High Court
Jitendra Bhuiyan @ Jitendra BhuiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and specified conditions.
Summary
The petitioner, Jitendra Bhuiyan, was arrested on 31‑12‑2025 in connection with an excise case involving the seizure of 210 litres of illicit chulai liquor. He was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner pleaded that he has a clean antecedent, was not in conscious possession of the liquor (the seizure was from the vehicle), and that the investigating agency failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail. Considering the clean antecedent and procedural lapses, the court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedent. The bail order was directed to be implemented by the Special Judge, Excise, Aurangabad.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the excise offences.
- Whether the alleged non‑compliance of Sections 103/105 of the BNSS, 2023 warrants bail.
- Whether the fact that the seized liquor was not in the petitioner's conscious possession affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16110 of 2026
Arising Out of PS. Case No.-1460 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Jitendra Bhuiyan @ Jitendra Bhuiya S/O Shiv Kumar Bhuiyan @ Shiv Kumar
Bhuiya R/O Vill.- Manika, P.S.- Madanpur, Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Aman Vishal, learned counsel for the
petitioner and Ms. Veena Kumari Jaiswal, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.12.2025 in connection with Aurangabad Excise Sadar P.S.
Case No. 1460 of 2025, F.I.R. dated 30.12.2025 for the offences
punishable under Sections 30(a), and 32(3) of the Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. Recovery is of 210 liters of illicit chulai liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.16110 of 2026(2) dt.12-03-2026
2/3
the recovery has been made from the vehicle (tempo) in
question. He further submits that there is non-compliance of
Section 103/105 of the BNSS, 2023. The petitioner is in custody
since 31.12.2025.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and there is non-
compliance of Section 103/105 of the BNSS, 2023, 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 the learned Special
Judge, Excise, Second, Aurangabad (Bihar) in connection with
Aurangabad Excise Sadar P.S. Case No. 1460 of 2025, subject
to 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
on his absence on two consecutive dates without sufficient
reason, his 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
Patna High Court CR. MISC. No.16110 of 2026(2) dt.12-03-2026
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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)
Vanisha/-
U T
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