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Patna High Court

Rajan Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that lack of conscious possession and non‑compliance with Section 103 justified release on bond.

Summary

The petitioner, Rajan Kumar Jha, a driver of a truck, was arrested on 10 December 2025 in connection with the seizure of 1,364.250 litres of illicit Indian Made Foreign Liquor (IMFL) under a case registered as Jandaha P.S. Case No. 524 of 2025. He was charged under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act. The petitioner pleaded that he had no conscious possession of the liquor, that the seizure was from the truck and not from him personally, and that he possessed a clean criminal antecedent. He also contended that the investigating police had failed to comply with Section 103 of the Bihar Narcotic Substitution Act, 2023 before filing the charge‑sheet. The court, after considering these submissions, found merit in the bail application and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of his antecedent but prohibited delay in accepting the bail bond.

Issues considered

  • Whether the petitioner, as a driver, can be held liable for the seizure of illicit liquor without proof of conscious possession.
  • Whether the failure to comply with Section 103 of the Bihar Narcotic Substitution Act, 2023, warrants denial of bail.
  • Whether the petitioner’s clean antecedent justifies granting bail despite the serious nature of the offence.

Subjects

  • bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 103 non‑compliance
  • driver liability
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18574 of 2026
                      Arising Out of PS. Case No.-524 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Rajan Kumar Jha S/o Surendra Jha Resident of Village- Sibipatti, P.S.-
                 Rajnagar, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anish Kumar, Advocate
                 For the Opposite Party/s :       Mr.Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                     Heard Mr.Anish Kumar, learned counsel for the

                   petitioner and Mr.Rabindra Kumar, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   10.12.2025 in connection with Jandaha P.S. Case No. 524 of

                   2025, F.I.R. dated 09.12.2025 registered for the offence

                   punishable under Sections 30(a),36 of Bihar Prohibition and

                   Excise Act.

                                3. Recovery is of 1364.250 liters of IMFL.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. Further submits

                   that it appears from the FIR as well as the seizure list that

                   nothing has been recovered from conscious possession of the

                   petitioner rather the recovery has been made from the Truck in

                   question and petitioner has been made accused in the present
Patna High Court CR. MISC. No.18574 of 2026(2) dt.24-03-2026
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          case merely on the ground that the petitioner was Driver of the

          Truck in question. Learned counsel for the petitioner submits

          that petitioner has no concern at all with the alleged recovery of

          illicit liquor and there is non-compliance of Section 103 of

          BNSS, 2023 and the police, after investigation, submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 10.12.2025.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent, nothing has been recovered from conscious

          possession of the petitioner and there is non-compliance of

          Section 103 of BNSS, 2023, 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 learned Exclusive Special Excise Court No.1-

          cum-District and Additional Sessions Judge, Vailshali at Hajipur

          in connection with Jandaha P.S. Case No. 524 of 2025, with 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
               Patna High Court CR. MISC. No.18574 of 2026(2) dt.24-03-2026
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                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her 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

                         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)
Nitesh/-

U          T


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