Patna High Court
Jitendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner subject to a bond and conditions, pending verification of his criminal antecedents.
Summary
The petitioner, Jitendra Rai, was alleged to have concealed 27 litres of country‑made liquor behind his house, which police seized based on a secret tip. The petitioner sought correction of a typographical error in the seizure report and applied for bail, arguing that the liquor was not in his conscious possession and that the seizure did not comply with Section 103 of the Bihar Prohibition and Excise Act. The State opposed bail, highlighting four prior similar offences for which the petitioner was on bail. The Court, after hearing both sides, allowed the correction of the quantity and granted bail on a bond of Rs.10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents and cancellation if false information is discovered. The bail order was made under Section 482(2) of the Bihar Negotiable Sub‑Statutes (B.N.S.S.).
Issues considered
- Whether the petitioner is entitled to bail despite alleged possession of illicit liquor.
- Whether the seizure of the liquor complied with the procedural requirements of Section 103 of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 103, 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illegal liquor
- seizure
- habitual offender
- criminal antecedent
- Section 30
- Section 103
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18460 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- DERNI BAZAR District- Saran
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Jitendra Rai S/o Late Nageshwar Ray Resident of Village- Pojhi, P.S.- Derni,
District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. At the outset, the learned counsel for the petitioner
seeks permission to correct the quantity of alleged liquor which
has been seized, since in paragraph no.14 due to typographical
error, instead of 27 litres, he has mentioned 15 litres.
3. The permission, so sought for, is accorded.
4. Let the same be done during course of the day.
5. The petitioner is apprehending his arrest in
connection with Derni P.S. Case No. 293 of 2025 for allegedly
having committed offence under Section 30(a) of the Bihar
Prohibition and Excise Act.
6. As per the prosecution case, while the informant
was on patrolling duty, he got a secret information that the
petitioner has concealed country made liquor behind his house
Patna High Court CR. MISC. No.18460 of 2026(2) dt.25-03-2026
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in Bushes. Upon receiving such information, the informant
reached along with police party near the place of occurrence and
recovered altogether 27 litres of country made liquor behind the
house of the petitioner from the bushes.
7. The learned counsel for the petitioner submits
that the nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from the bushes which is open to all. While preparing the
seizure, the provisions contained under Section 103 of the
B.N.S.S. were not followed. The name of the petitioner
transpired during course of investigation. The petitioner is
having four criminal antecedents of similar nature in which he is
on bail.
8. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner and submits that the
petitioner is a habitual offender having accused in four more
cases of similar nature.
9. Having heard the learned counsel for the parties,
let the petitioner, above named, in the event of arrest or
surrender within a period of eight weeks, 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
Patna High Court CR. MISC. No.18460 of 2026(2) dt.25-03-2026
3/3
Additional Sessions Judge-Cum-Exclusive Special Court Excise
Act-1, Saran at Chapra in connection with Derni P.S. Case No.
293 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps 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.
(Ritesh Kumar, J)
AjayMishra/-
U T
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