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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to monetary and procedural conditions.

Summary

Petitioners Jitendra Kumar and Kaju Kumar were arrested on 23 January 2026 in connection with an FIR dated 22 January 2026 alleging offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018, for the recovery of 1,682.820 litres of foreign liquor from a vehicle. The petitioners contended that they were merely the driver and co‑driver, not the owners, and that the liquor was not found in their conscious possession; they also alleged that the FIR was fabricated and that Sections 103 and 105 of the BNSS, 2023 were not complied with. The State opposed bail. The Court, noting the petitioners' clean antecedent, lack of ownership, and the procedural non‑compliance, ordered their release on bail with a bond of Rs 10,000 each and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The bail order was directed to be implemented by the Exclusive Excise Court‑II, Jamui.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2018 concerning large‑scale seizure of foreign liquor.
  • Whether the alleged non‑compliance with Sections 103/105 of the BNSS, 2023 warrants bail.
  • Whether the petitioners' clean antecedent and lack of ownership of the vehicle justify bail.

Legislation cited

Subjects

  • bail
  • excise law
  • foreign liquor seizure
  • clean antecedent
  • procedural lapse
  • BNSS 2023
  • Section 30(a)
  • Section 32(3)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20945 of 2026
                       Arising Out of PS. Case No.-142 Year-2026 Thana- Excise P.S. District- Jamui
                 ======================================================
           1.     Jitendra Kumar S/o Shravan Yadav R/o Village - Kalyanpur Wali, P.S-
                  Chandi, District - Nalanda
           2.    Kaju Kumar S/o Santosh Yadav Resident of - Ward No. 9, Village -
                 Ghorahri,P.S - Chandi Belchi, District - Nalanda

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

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

2   30-03-2026                     Heard Mr. Gautam, learned counsel for the

                   petitioners and Mr. Ramesh Chandra, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   23.01.2026 in connection with Jamui Excise P.S. Case No. 142

                   of 2026, F.I.R. dated 22.01.2026 for the offences punishable

                   under Sections 30(a) & 32(3) of the Bihar Prohibition and

                   Excise (Amendment) Act, 2018.

                               3. Recovery is of 1682.820 liters of foreign liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.20945 of 2026(2) dt.30-03-2026
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          F.I.R is false and fabricated and the petitioners have not

          committed any offence as alleged in the F.I.R. It appears from

          the F.I.R that nothing has been recovered from the conscious

          possession of the petitioners rather the recovery of 1682.820

          liters of foreign liquor has been made from the vehicle in

          question. He further submits that the petitioner no. 1 is the

          driver and petitioner no. 2 is the co-driver of the said vehicle in

          question. He further submits that there is non-compliance of

          Section 103/105 of the BNSS, 2023. The petitioners are in

          custody since 23.01.2026.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          that the petitioners have clean antecedent, they are not the

          owner of the vehicle in question and there is non-compliance of

          Section 103/105 of the BNSS, 2023, let the petitioners, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of the learned Exclusive Excise

          Court-II, Jamui in connection with Jamui Excise P.S. Case No.

          142 of 2026, subject to the following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.20945 of 2026(2) dt.30-03-2026
                                                        3/3




                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners 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 petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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)
Vanisha/-

U      T


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