Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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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