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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a Rs.10,000 bond, two sureties and specified conditions.

Summary

The petitioner, Jitendra Kumar, was arrested on 16 February 2026 in connection with a case involving the alleged possession of 58.1257 litres of foreign liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that the liquor was seized from a vehicle and not from his conscious possession, that he has a clean antecedent, and that the investigating authorities failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act. The Additional Public Prosecutor opposed bail. The High Court, noting the petitioner’s clean record and the procedural lapses, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent. The bail bond was to be accepted without delay for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner despite the alleged violation of the Bihar Prohibition and Excise Act, 2018.
  • Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS Act warrants bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor seizure
  • procedural compliance
  • Section 103 BNSS
  • Section 105 BNSS
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17725 of 2026
                 Arising Out of PS. Case No.-58 Year-2026 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Jitendra Kumar S/O Dharmendra Prasad @ Dharmendra Yadav Village -
                 Bijwanpur P.S.- Deep Nagar, District - Nalanda

                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :     Ms. Nirmala Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                        Heard Mr. Pushp Raj Singh, learned counsel for

                   the petitioner and Ms. Nirmala Kumari, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.02.2026 in connection with Muffasil P.S. Case No. 58 of

                   2026, F.I.R. dated 15.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 58.1257 liters of foreign 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

                   the recovery has been made from vehicle in question and there
Patna High Court CR. MISC. No.17725 of 2026(2) dt.17-03-2026
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          is non-compliance of Section 103 and 105 of BNSS and seizure

          list witnesses are police personnel and the petitioner is in

          custody since 16.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and there is non-compliance of

          Section 103 and 105 of BNSS, 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 Exclusive Special Excise Court-I,

          Nawada in connection with Muffasil P.S. Case No. 58 of 2026,

          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

           move for cancellation of bail.

                       iii. And further condition that the court below shall
            Patna High Court CR. MISC. No.17725 of 2026(2) dt.17-03-2026
                                                        3/3




                      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)
Suruchi/-

U      T


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