Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances (BNSS) Act — s. 103, 105
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
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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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