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Patna High Court

Jitendra Kumar @ Jitendra VermaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to a bond and conditions.

Summary

The petitioner, Jitendra Kumar, applied for regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, after being arrested in connection with the seizure of 200 litres of country liquor from a vehicle. The prosecution alleged his involvement, but the petitioner contended that he was merely a passenger, had no possession of the liquor, and had no prior record under the Act. He had been in custody since 15 December 2025 and a chargesheet had been filed. The court noted the absence of any incriminating material linked to the petitioner, his clean antecedent, and the prolonged pre‑trial detention. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to a condition that bail could be cancelled if an antecedent later emerges.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case.

Legislation cited

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • illegal liquor seizure
  • pre‑trial detention
  • antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17585 of 2026
                         Arising Out of PS. Case No.-957 Year-2025 Thana- DIGHA District- Patna
                 ======================================================
                 Jitendra Kumar @ Jitendra Verma Son of Suraj Verma @ Surya Verma
                 Resident of Village - Rustamganj, P.S.- Naubatpur, District - Patna.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   25-03-2026                    1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Digha P.S. Case no.957

                   of 2025 registered under section 30(a) of the Bihar Prohibition

                   and Excise Act, 2016.

                                3. As per the prosecution case, on search being

                   conducted, 200 litres of country liquor was recovered from the

                   vehicle in question and the accused persons including the

                   petitioner herein were taken into custody.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case. No

                   incriminating article has been recovered from his possession. He

                   has no concern either with the vehicle in question nor with the

                   owner of the same. He had taken a lift in the car having prior

                   acquaintance with the driver of the vehicle. The petitioner is in
           Patna High Court CR. MISC. No.17585 of 2026(2) dt.25-03-2026
                                                       2/2




                     custody since 15.12.2025, chargesheet has been submitted in the

                     case and he has no antecedent under the Bihar Prohibition and

                     Excise Act, 2016.

                                  5. The application for bail is opposed by learned A.P.P

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the allegations in the FIR, the

                     submissions made on behalf of the petitioner, his having

                     remained in custody for over 3 months since 15.12.2025 and

                     especially the petitioner not having any antecedent under the

                     Bihar Prohibition and Excise Act, 2016, the petitioner is

                     directed to be enlarged on bail in connection with Digha P.S.

                     Case no.957 of 2025 on furnishing bail bond of Rs.10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Exclusive Special Excise

                     Judge-II, Patna on the following condition :

                                  (i) In case, it subsequently transpires that the

                     petitioner has an antecedent under the Bihar Prohibition and

                     Excise Act, 2016, the prosecution will have the liberty to move

                     this Court for cancellation of bail granted to the petitioner.


                                                 (Partha Sarthy, J)
Shiv/-
U      T


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