Patna High Court
Jitendra BindversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties, with a condition that he not commit similar offences.
Summary
The petitioner, Jitendra Bind, applied for bail in a criminal miscellaneous case (No. 17201 of 2026) arising from a charge under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 24.8 litres of illicit liquor recovered from a bike ridden by three persons. The petitioner contended that he was falsely implicated, that no liquor was seized from his possession, and that the police failed to comply with Section 105 of the BNSS during the seizure. He had been in judicial custody since 3 February 2026. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the Court granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and refrain from committing similar offences in the future.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS by the police warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- procedural lapse
- criminal antecedent
- Section 30(a)
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17201 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- CHAND District- Kaimur (Bhabua)
======================================================
Jitendra Bind Son of Akalu Bind R/o Village - Masoi, P.S. - Chainpur, Dist. -
Kaimur at Bhabhua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-03-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner has prayed for bail in connection
with Chand P.S. Case No. 47 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohbition and
Excise Act.
3. The case of the prosecution in short is that three
persons were riding on a bike and from that bike, altogether
24.8 liters of illicit liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He submits that nothing has been recovered from the
possession of this petitioner. The witnesses of the seizure list are
Patna High Court CR. MISC. No.17201 of 2026(2) dt.19-03-2026
2/2
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. He further submits
that the petitioner is languishing in judicial custody since
03.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition
that the petitioner shall not himself in similar nature of the
offences in future. The above named petitioner is directed to
be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.
ten thousand only) with two sureties of the like amount each to
the satisfaction of the learned Exclusive Special Judge, Excise
No.-I, Kaimur at Bhabua in connection with Chand P.S. Case
No. 47 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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