Patna High Court
Jitendra Kumar @ Jitendra VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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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