Patna High Court
Jitendra Rai @ Jiterndra Kumar Rai @ Jitendra Kumar Yadav @ Jitendra Kumar @ Jitndra Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail must be granted as there is no material evidence directly implicating the petitioner in the alleged offence.
Summary
The petitioner, Jitendra Rai, was charged under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act for alleged involvement in the seizure of 944.28 litres of illicit foreign liquor from a co‑accused's house. The co‑accused identified the petitioner as an associate, but no liquor or other incriminating article was recovered from the petitioner’s possession. The petitioner argued that he was falsely implicated and that there was no material evidence against him, while the State opposed bail. The Court noted the absence of any direct evidence linking the petitioner to the offence and considered the length of his pre‑trial custody. Consequently, the Court granted bail on a bond of Rs. 10,000 with two sureties, ordering his release.
Issues considered
- Whether the petitioner is entitled to bail despite the co‑accused’s statement linking him to the offence
- Whether the absence of incriminating material in the petitioner’s possession warrants the grant of bail
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18611 of 2026
Arising Out of PS. Case No.-352 Year-2019 Thana- LALGANJ District- Vaishali
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Jitendra Rai @ Jiterndra Kumar Rai @ Jitendra Kumar Yadav @ Jitendra
Kumar @ Jitndra Kumar Rai S/o- Satan Rai @ Jatan Rai R/o Village- Jalalpur
PS- Lalganj District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Bijay Bhushan Prasad, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 30(a), 32(2) and 41(1) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 944.28 liters of illicit
foreign liquor was recovered from the house of co-accused
Mukesh Kumar, who disclosed the name of this petitioner as
one of his associate.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
No incriminating article has been recovered from conscious
possession of this petitioner and he has falsely been implicated
Patna High Court CR. MISC. No.18611 of 2026(2) dt.01-05-2026
2/2
in this case merely on the basis of disclosure made by co-
accused person. Save and except confessional statement, there is
no material on reocrd to show the complicity of this petitioner in
the alleged offence. Moreover, charges have already been
framed against the petitioner on 23.02.2026 and he is in custody
since 12.12.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, fact that no incriminating article has been recovered from
possession of this petitioner and period of custody, the prayer
for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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-I-cum-
District and Additional Sessions Judge, Vaishali at Hajipur in
connection with Lalganj P.S. Case No. 352 of 2019.
(Prabhat Kumar Singh, J)
shashank/-
U T
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