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Patna High Court

Jitendra BindversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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